BILL

Supplement to the Sierra Leone Gazette yol- CLXV. No. 3

dated llth Jarunry, 2024

THE CRIMINAL PROCEDURE ACT, 2024

PART I _}RELTMI^_ARY

l. Commenccment
2. Interpretation. -
3. Application ofAct.

PARIII -GENERALPROVISIONS ARRESTGENERA]-LY

4. Notice to be given ofarest-
5. Mode of arrest-
6 Search ofplace for person ro b€ arresaed.
7. Procedure where entry not obtainable.
& Power to break open to liberate.
9. Power to take offensive weapon or other object
ofevidential value
10. Medical examination in the case ofoffence against
the p€rsoh.
It. Power to order body search.
12 Arrested person to be brought before a Court
without delay.

ARREST WITHOUT WARRANT

13. Private person may arrest without warrant.
t4. Person arre$ed to be handed over to police.
I5. Police Officer may arest without v"rranr.
16. Refusal to give name orplace ofresidence.
1'1. Suspect to be informed of cause ofarrest
tr

INTTIEMAGISIRA'TES COURT
IN$MJTING PROCEEDINGS
t8. Instituting Proceedings'
19. Sr.Enmons orvarant
20. lssue of wrrant
21. Service of summons'
22 koof of sewice ousidejufsdiction'
of defendaft'
i. r.*".4 Uoptt"e with posonal auendance

24. Warrant wher issued'

25. Where summons not obeyed'
execution ofwarranl'
26- Form, content, tluratioo and
27. Removal andbail'
taken
28. Court m.y direct s€rEity to be
and proceedings rmderv*t
29. Issuance of search warra -.-..-, etc'
conveyed'
where articles are being
30. Search without warrant in cas€s and data
to postal' telecommunications'
]1. Sections 29 anil 30 not aPplicable
collection establishments"
3a Retum of search varrant'
33. Execution ofsearch warrarn

OF TT{E COT'RTS
GENERAL AUTHORTTY
ftem
to bring defendanr before
34- General authority ofCows '
cas€s to another Court'
to b€ remiued or brought in certain
35. Defendants
36. Removal under warrant
TRTAL
PLACE OF ENQUIRY AND
any part of Sierra Leooe'
OfTences inquired into in
Courl'
38. Trial of by Couts other than High
cas€s

Offences commitred oo
ajourneY'
39.
committed at sea or out of sierra Leone'
40. O{fences
 II N0. The Cimikal Procedure Act 2024

41. Offences by public ofiicers abroad and on an aircraft-

42. Power ofHigh Coufi to aansfer committal proceedi4i and other criminal
cases.
43. Power ofJudge to t"nsfer c€ses.
i 44. Notice oFintention to make application to transfer

CONDUCT OF CRIMINAL PROCEEDINGS.

45. Attomey-GeDeral and Minister ofJustic€ may ent€r nolle prosequi

PREVIOUS ACQUITTAL OR CONVICTION

ul6. Persons coovicred or acquiued.
47. Consequences sup;rvenirg or not known.al time of former tsial.
4ll- Proof of previous conviction.

RULESAS TO INFORMANONS AND INDICTMENTS

49. Information or indicunent.

JOINDER OF CHARGES AND DEFENDANTS .

50. Joinder of charges and deftndants.

COMPENSAIION AND COSTS

51. Compensation may be ordered.
52. Costs payable by party convicted,
53. Costs to be paid by complainant in certain cases-
54. Palments to parties.
55. Recovery ofdarnages, etc.

RESTITUTION OF PROPERIY
56- Retum ofproperty found on person trrested.
57. Restitution of Foperty stoleD or its lalue.
 2024
l;c. Tle Crininal Procedwe Act

IN CERTAIN CASES
PRESERVATION OF TESTMONY
dangerously ill'
:6 no.u., to tuX" Oepositions ofpersons
cases'
59. Notices to be given in ceflzin
60 Trarsmission of statemeDt'
6l Slatement may be used in evidence'

WRITTEN STI$EMENTS AND

DEPOSITIONS

62. Written stalements and depositions'

mav be read as
63. ;;;; ;;;;rt deposirion ofmettical practitioner
"t
evidence.
pro€eedings
64. Statement of Cefendant at committal
Signature and auestatioo of
Magish?te'
65.
6. Dying declaration'
61. Certain scientific repon
to be evidenc€'

OF MIND
DEFENCE OF UNSOUNDNESS
68. lnquiry bY Court.
proceedings'
@. oJr"r# "rr"""rg to be of sound mind ar committal

70. Defence of insanity'

lunatic'
'71. Periodical rcport on cdminal
of unsound mind'
ir*J *i uo"n"rge of defendants

Tl. Resumption of trial or investigation'

to be evidence'
74. Certificate ofmedical officer
cases'
't5. Trial to be discontinued in certain

ADMISSION TO BAIL
/o. Ad$ission to bail by Judge or Court.
'17. Adnission to bail by Police Officer'
 No' Tfu Criminal Procedure Act 2024
coNvrcTroN FOR OF:FENCE OTLER TIIAN
78. Person charged with an offence may be convictedryAr
CITARGED
lfattempi.
79. Conviction ofmaoslaughter on a €harge ofmurder.
80. Conviction ofassauh with intent to rob on a cbarge
of robbery.
8l' Persons charged with burgrary, etc., may be convicted ofkindred ofence.
82. Persons charged with misdemei
b acquitted ifoffeDce proved
is a felony. - 'ournotb

EVIDE}\ICE
83- Spouse shall be competent and compellable witness.
84. Competency ofperson charged and his spouse or
cohabiting partner to
give evidence.
85. Prosecution to deliver to defenda copies ofwriEen $atements beforc,
trial.
86. Evidence ofperson charged.
87. Right ofreply.
88. Calling of spouse or cohabitating partner in certain
cases.
89. Hostile witness and previous inconsistent statement-
90. CircumstaDces where secondary evidence
is admissible. ,
9l- Admissibility of statements.
92. Admissibiliry ofevidence on tapg video recording or filrn

PARTM.SUTTMARY TRIALS
%. Triais in Magistrale Courts-
91. Coun to sit in public.
%. Non- appearance of prosecutor.
96. Ap,pearance of both parties.
97. Where defendant pleads guilty in writing.
%. Redacted and unredacted stalements to
be served on defence.
9. Defendam to be called upon to plead-
rm. Pro€edure in plea ofguilty.
l0t. Hearing may be adjourned.
\02. Custody of defendant.
 Act 2{t21
Nc The Criminal Procedure

i-n answer to summons

or after adjoumment'
103. Non-appearance of defendant
104. Procedure
on Plea ofnot guilty'

105. Defence.

i06. Evidence in rePtY'

io1. A:nendurent of information'
108 t for seParate trial'
-,rder

l0s Determination of cbarge'

PROCEEDINGS
PARI IV - COMII{ITIAL
I10. Procedure in committal Pto"*dhS . ,.
not to be held in publlc'
111. Comminal proceedings
I 12. hoceedings at initial appearance'

113. Statsments to be plovided'

statemenE'
'114. Endorsement on written
115. C-omnittal of defendant'
116. AncillarY Proceedings'
and evideace
117. Variatrce between charge
l18. continuing Magista* c€neral and Minister
of
rial Court a,d the Attomey-
119. RehnDs to be made to
Justice
Per** committed for rrial'
:O- eriril"g" of
f
'"i. ,.;"";; ;0"* defendant consents
to summary uial'

RECOGNISANCE
AND MTNESSES BY
BINDING PROSECUTOR
"rrl ,-r""*o' recognisance'
witresses to. enter into
-d
rccogmsance'
123. Refirsal to enter into
RECAGNISA}'ICES
PROCEEDINGS LTPON
ofrecognisance'
124. Forfeitne md levy
125. Register of recognisance
COURT
TRIALS IN THE HIGH
PART V.INDICTMENTS AND
126. Preferment of indidment
 Tha Crirninal Plocedure Act 't)24
vI No.

INDICTMENTS
tn. Conditions for fi ling of indictrnents.
123. Fiting ofindictrnents and its effects.
lD. Endorsement of iadictrnents.
130. Copy of indictuent and notice ofu'ial to be delivered to SherifL
lJt. Time and mode of summoning parties on indictnent-
132. Return ofservice.
r33. Postponement of trial respiting recognisances.

ARRAICNMEN-T
134. Pleading to indictnenr
t35. Effec1 of plea of not guilty-
136. Where defendant refirses to or unable to plead.
t37. Conduct and precedcnce of pros€cutions.
138. Defendant to be released on bail or discharged ifnot tried wit\in a certain
period oftime.

MODE OF TRIAL
r 39. Mode oft'ial.
140. Trial by Judge with the aid of assessors.
l4t. Trial by Judge alore at instanc€ ofAttomey- General and Minister ofJusice
142. Trial by Judge alone on election ofdefendanl
143_ Change ofelection-
t44. Order for amend:nent of indicturent
I45. Order forjoint trials.
146. Order for separate trial.
t4?. Order for postponement oftrial.
1la. Coirn may order discharge ofjury or assessors.
t49. Motion irr arrest ofjudgment
150, Objections cured by verdict.
No, The Criminal Procedure Act 2021 !'lu

OF JURORS'UST
QUALIFICAIIONS OF JTIRORS AND PREPARATION
151. Qualification to sewe as juror.

15,'. Disqualification fiomserving as juror'

t53. Jury Sewice Manager may excuse fiom
jury service

154. Request to be excused &om sewing as ajutor-

RECRUITMENT OT JURORS
155. Submission of nantes and conlact details ofPersons aged 18 to 70'
156. Selection of Persons to sewe as jurots.
151. Names ofspecialjurors to be marlied of'
158. Objeclion of Persons selected to serve as
jurors'

159. Publication of list ofPersons.

160. hovision of final list
l6l. Names ofjurorc to be Provided.
162 Selectid juron to be notified.
163. Tenure ofjurors.
t64.. Sclectediurors ro attend all trials-
165. Failwe to attend Cowt.
t6. Court to impose PenaltY on Order'
t6'7. Warant of arrest for absetrtee juror'
168. Fines to be by distress or by sale of property'
1@. Juror to be comnitted to Corectionat Cjntre'

TRIAL wlTH A JT-rRY

1rc. Empaneling the jury.

l7i. Registrar's duty iD empaneling &e jury'

t72. Successful jurors to take their seats'

tn. Eligibility critria
t'14. Regisrar to address defendant.
 N No. The Criminal Procedwe Act 2024

175. Defendants' peremptory challenge.

t76. Cballenge for cause.
ln. Prosecution to retain cornmon taw right.
178. Challenge to be determined withom jury.
tn. When Court may keep jury together.
r80. Jurors to attend adj ournment.
l8t. Circumstances whenjury number is reduced.
r8e Prosecution and defence to consent to reduction ofjurors.
r 83. Verdict of reduced number ofjurors.

TRIAL WITH ASSESSORS

l8/.. Selection of assessors.
185. Decision of Court and assessors.
186. Trial to proceed despite assessor mable to afiend
ln. Adjournment.

CASE FOR TIIE PROSECUTION

188. Opening of case for the prosecution
r 89. Additional wihesses on the back ofindictnenl
190. Cross-exarnination of prosecution wimesses.
l9r. Cornrnifial warraot to be tendered-
192. Submission ofno case.

CASE FOR THE DEFENCE

t%. Judge to inform defendant ofhis rightar close of prosecution,s
case.
194.Evidence of defendant.
195. Addresses by defence and prosecution-
l. Addresses by co-defendants.
 2024 \
No fhe Ctitiinal Prccedure Act

compel attetrdance of
witlesses'
l91. Defendant entftled to
198. Rebutting evidence'

CIOSE OF HEARINGS
IN TRI-ALS BY ruRY

19,. Sunming ry bY Judge'

uP'
2m. Jury to retirc after summing

201. DeliverY ofverdicr

N. Wbere jury are not una mous'

x3. Verdict otr each charge'

2M. Amending a verdict
20s. Action on verdict
after discharge'
206.. Rerial by urother Jury

CLOSE OF TIEARING
IN CASES TRIED WITII ASSESSORS
assessors'
Nl. Delivery of oPinion bY

CASES TRIED BY ruDGEALONE

CT,OSEOFHEARINGIN
alone'
28. Judsnent in trial byJudge
AU'CLTTUS

N Allocutus.

SE}'ITENCE
EVIDENCE BtrORE
210. Evidence before sentence'
OR COMPANIES
TRIAL OF CORPORATIONS
PART VI-SPECIAL TRIALS
211. Representation of
corporadon or company'
corporation or company
21L Proceetlings against
or comPany'
213. Fines on corPoration
214. SerYice of docrnnents-
 N l"o The Cimirul Proce&tre Act 2021

TRTAL OF CHILDREN
215. Trial ofa child.

PARTUI. DGCUTION OF SEITENCES

.ALTERNAIYE SENTENCES
216. .{uthorig for carDring out sentenc€.

2t7. Suspended sentences.

218. Deferred sentences.

219. Fwther powers of Couts wtere

sentence is deferred.
m. Absolute and conditional discharge.
2.1. Commission of o{pnce after condidonal
discharge.
u.. Effect ofdischarge.
?z3. Community Ptrnishment Orders.

24. Obligadons under Commmity punishment

Order.
?25. Fine in iieu of imprisonment
D6_ Notice offines to be paid.
'yn Order for pa),roent of money.
?28. Commitsneft for want of distress.
ru. Commitrnent in lieu of distress.

ZO, Fines, dotention in police station in

lieu ofimprisomnant
xt. Statemcnts of wages to bc evidence.
x2. Payment in firll aft:r corDnitTent

?3. Pafi payment after comnftnent

2v. Limitation of imprisonmenl

235. Dire€t imprisofinent
 2024 )Jl
The Criminal Pr<)ced rc Act
No

warrants'
236. Address and execution of
237. Enforcement of warrants'
jurisdiction'
warants execut€d outside
238. Procedure with regards to

DEFECTSIN ORDERS AND

WARRANTS

23g.ErrororomissioDnottoafredlegalityorexecutionofwarrant'

PART\1IU. MISCEIIANEOUS

2210. Forrns.
generally necessary'
241. Sealing of Orders, erc' not
24?" Finger?rints, etc'
or Public officer to be reported'
243. Arrest, etc- ofMember ofParliamed

244. RePeal ard savings'

a

No. 2021

A BILL ENTTILED

The Crimiual Procedure Act,2024 Shofl titl.

Beirg an A€t to repeal and replacethe Criminal Procedu re

Acl, 1965, to provide for new procedures relating to summary triab,
committal proceedings, trials on indictment, alt€rnatiye s€ntences,
and to provide for other related matters

t l
Datc of com-
ENecmp sy rne Prrspnu axo Mrmrns or Pexuelrgvr rN menccmcnt'
rms rrgsei.rr Paxuaugxr ASSEMBLED,
 The Ciminal P redure Act ).024
No.

PART I.PREIf,MINARY

date as the
Corn ir,ltr'-r::l 1. This Act shall come into operation on such
Attomey$eneral and Minister of Justice may by sta tory insmrment
appoint.

2. In ihis Ac! rmless the cont€xt othersis€ requircs -

lnterpretation

"appropriate officer" means any Person desigated

Ly the cbief Jusice for the $Perintendence ofthe
jury service;

"charge " includes comPlaint:

"child" mears a person under the age of 18 years;

taken or
"coounittal proceedings" means proceedings
conducted under Part IV of the Act:

person'
"commifted for trial" used in relation to any
means a person rommitted to tale his rial in ote
Hig! Coun by a committing Magistrate;

"corDoration" includes a statutory corPoralion

by an Act of Parliament, a company
"robli.h.d and registered under the Companies
incorporated
Act 2009 (ActNo.5 of2009);

Ac! 1965 (Acl No' 31

"Courts Ad" means the Couts
of 1965);

"Court" m€ans a Court of criminal jurisdiction

-established
by law in Sierra L€one other tllaD a Local
Court established by or under the Local Coufis
Act
201I (ActNo. I of20l l):
Nic The Cdrhinal Procedure Act 2024

"defendant" means a person charged wilh a criminal

offence;

"document" includes a map, photograph, film , tape o:

video recording, disc, or any form ofcomputer inpui
or output and any odrer material, whether produced
or recorded mechanically, elect-onically. digitally.
maDually or otlerwis€;

"indictrnent" means a document containing a charge

or charges agaiost the defendant signed by a Iaw
Officer or tbe Anti{orruption Cornnissionerl

"information" means a document containing a charge

or charges against a defendant signed by a
prosecutor or by Counsel;

"inquiry" includes committal proceedings;

"Judge" means ajudge ofthe High Court or a Justice

of the Court of Appeal or of the Supreme Coun,
assigned by the ChiefJustic€ to sit in the High Cowt:

"Law Ofrcer" iircludes the Attorney-General and

Minister ofJustice, the Solicitor{eneml the Director
of Public Prosecutions, the First Parliamentary
Counsel, the Head of the Civil and Commercial
Divisioos, and every other State Counsel and
Parliamentary Counsel;

"marriage" means a marriage between 2 persons -

(a) celebrated and recognised as valid tmder -

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

(ii) the Muslim Marriage Act (Cap 96);

[i.i) the Civil Marri age Act (Cap 97);

 The Criminal Ptocedure Act 2021
4 No.

(iv) tbe Registratioa of Customary

Marriages and Divorces Acl 2009 or
any other rules of customary law in
force in Siera Leote; or
(b) entered irlo and subsisting bcrweeo persons

(i) professing a recognised religion; or

place where
Qi) retngnised by the law ofthe
it is contracted;
"Minister" includes the Minister or Ministers
responsible for tbe correcdonal service, social
weifare, and gender and children's affairsi

"offence" means an act or behavior that is prohibited

and punishable bY oiitinal law;

'Police Oflicer" means a member of the Sierra Leone

Police; -

information
"orosecutor" means a person who gives
or causes information to be given on his behalf
against a defendant and includes the Attomey-
Gteral and Ministcr of Justice and any other Law
Offrcer, the Anti-CorruPtiotr Commissioner or a
person duly authorised to prosecute a criminal
offencei

"Regisfar" means a person appointed to perform the

duties ofa Registrar in a Couri

a valid civil'
"spouse" means a husband or wife, in
ieligious or customary rnarriage actording to the laws
ofSierra trone.
No. The Criminal Procedure Act 2024

3. Without prejudic€ to any other enachent, an offence shall Appticarion

.be erquted
_
into, t'ied and otherwise dealt witl irt accordance yi16 oie"t.
this Acr.

PART II -GENERAL PROVISIONS ARREST GENERAILY

4. (l)A Police Officer shall, as soon as anyofthe followins Noticc ro

offence comes !o his howledge, repon same ro tb€ Attomey{emi,
and Minister of ,ustice - } #*.
(a) involving the loss oflife;
Ib) punishable by life irnprisonmenr;

(c) in which a public officer is alleged to have

committed an offence in the exercise ofhis
officia! or public duties;

(d) attempted mwder or hunan n-amcking;

(e) involving one or more political parties or the

Public ElectisrsAcr 2023 (Acr No. of2023);

(f) in respect ofwhich the prosecution requires

by statute the consent of the Attorney-
General and Minist€r of Justice;

(g) involving a Member of parliament, a local

authority, a diplomatic or consular service
officer or a legal practitioner;

ft) involving or requiring an expulsion order;

(, involvitrg coospiracy ro pervert or deGar the

' course ofjustice and public mischief;

0) against the Coinage Offences Act; and

 Ntr The Ciminal Procedwe Act ?021
6

(k) considered of some importance or difiiculty

or which for any reason would requir€ the
imerveution of the Attomey-General and
Minist€r of Justice.

person who commences-a

(2) A legal Practitioner or
prosecution ofan (l), shall inrnediately
offence under subsection
inform the Atomey-General and Minister of Justice that he has
commenced such Proceedings.

Mode of 5. (1) A Police Officer or other person shall, in making. an

a ast.
arrest, touclt or confine the person to be arrested, unless tlere
is a
submission to custody by word or action

(2) Where a person forcibly resiss arre$ or attern9ls to

aPolice Ofhce, oroter P€rson may use sumcient
tbrce
ewade arrest,
to effect rhe arrest but no more.

(3) A person arested shall Dot be subjected to more

restraint &an is necessary to prevent his escaPe'

(4) Subject to paragmph (b) of subsection (2) of t::!9."

t6 ofthe ionsitution of Sierra Leone, l99l (ActNo' 16of1991)'
person in
nothing in this section gives il right to cause the deatlr ofa
the course ofbeing arrested.

(5) Where Police Officer is msaulted or obstructed *'hen

a
for aid' shall
making an arrest, a Privae person, on whom he may call
go to his assistance.

Search of 6. Where a Police officer or person, acting rmder a warrant

ptice for
pcrson to
of arrest or having authority to arrest' has reason to believe that the
person
b€ arrested person to be arresied has entered into or is within a place' the
iesiding in or being in charge of the Place shall' on demand of the
into the place
Police &cer or ferson acting allow him free ent!-y
and afford all reasonable facilities for search ofthe Place'
No. The Criminal Prxedure Act 2024 7

7. Where entry to a place camot be effected under section 6, ProcedBra

a Police Officer or person acting under a warrant ofarest or fraving
not
authority to arrest, to enter that place- by force ifnecessary, search obtainablc.
it and in order to effect en[-ance into that place, to break open any
outer or ifl1er door or window ofany house or place, whether that of
the person ro be arrested or ofany other person, ifafter notification
of his authority and purpose, and demand of admittance made, he
cannot otherwise obtain adminance.

8. A Police Officer or person authorised to make an arrest power to

may break out ofa hous€ or place in order to liberate himselfor any bryf open
other person who, having lawfully entered forthe purpose ofmakh' to libetarc'
an arrest, is detained in it

9. A Police Officer or penon making an arrest may take from Power to

the person arrested, aD offensive weapon or othir object found in take
his possession likely to afford material evidence for &e prosecution offensive
of the offence for which the offender has been arrested and anything other object
so taken fiom an arested person shall be produced as evidence of evidential
b€forc the Cout. value,

10. (l) A Police OfEcer or person who arrests ona charge of Medical
an offence agains the person may cause the person offended to be examinalron
examined by a medical practitioner :; $"H: .
againsl the
(2) Where a medical examination under subsection (l), P€'sot
involves the taliing of dental impressions, the extraction of body
sarnples or requires the use of swabs, such examination shall be
authorised by a Police Officer not below the IaDk of Assistant
Superintendent ofPolice, the Potice Officer in charge at a police
Station or Police Post.

(3) A medical examination r.nder subsection ( l), shall oruy*

be done -
(a) ifthe officer considers that such impression,
sample aud swab shall confirm or disprove .
the suspect's inyolvement in the offence:
 lio. The Crimiral Procedue Act 2024
8

(b) by a qualified medical practitioner, or a person

qualified to do fte samei and

(c) with the coment of tle susPect'

(4) Before a person is asked ro provide an imPressiotr'

sample and swab, he shall be wamed that a refiBal to Provide tte
impr.rsion, sampl. aud swab may be Eeated as corroboration
ofary
fact in issue al the subsequent trial.

ll. (l) A Police offrcer not below the rank of Assistaat

or&r body
Sup€rintende ofPolice, or a Police Officer in charge of a Police
o, Police Post sball, where he has reasonable gromds to
search.
io,ioo
believe that the only practicable means ofremoving
-

(a) m article or substance, which could cause

physical injury to a detained person or others
at the Police station; or .

(b) an illegal or harmirl subsrance whiclr has been

concealed,

order the search ofbody orifices and cavities'

(2) A search under subsection (1), shall be made

with
strid decency and may onty be made by an officer ofthe same sex as
of anyon€
t" p.rson searched and may not be made in the presence

oiti. oppotit" sex mless the pcrson being searched sPecifically

conse s to it.
(3) A written record shall be kept of a seatch under
subsection (l ), stating -

(a) the P€rsons Present during the search; and

{b) the reasons for the search'

(4) A recod under subs€ction (3), shall be a&nissible as

evidence in Coun on request ofthe prosecution
or defence'
 It{o. The Cnniul Procedwe A* 2024 9

12- (l) A person arrested shafl be brought before tle Courl Arr.sted
in the case of- - person ro
(a) offences carrying a sentence of lif" **X9,
imprisorynsntoroconomic and envirorrnenal coun withoul
offences, within l0 days from the date of &rrl.
arrest; and

(b) -other offences,72 hours ofafiest.

(2) Notwirhstading paragraph (a) of subsection (l),

the. Court may, being satisfied rhat thercare ,easonable grounds
ioi
believing that rhe fi:rther detenrion ofthe person is jusiied,
-
(a) where an investigation is in progress, and
firther evidence needs to be collected or
found; and

O) on an application supported by an affidavir

of a police Officer not below the rank of
Assistant Superint€ndent or a police Ofhcer
in charge of a police Station or police post,

issue a warrant for a finther detention authorising the

keeping of thai
penon in polic€ detention for a funher perioA not exceedingi
S aays
at any one time-

(3) A personto rrtom aD applicarion uDderparagraph (b)

-
ofsubsectior (2) rclates sball be entitlA to nte an amaavit
ipposing
the application and to be represented by Counset ar such fre'aringf

ARREST WITHOUT WARRANT

13. A private person may arrest witlout a warmnt, a person - privare
rreron may
(a) aT cst without
who in his presence commits a felony or an
offence punishable by a sentence of life
imprisonment;
 The Criminal Pt<tedure Act
2021
10 No
a
(b) whom he srrspects of having committed
felonv or an olTence punishable by a
sentence oflife imPrisonment if-
(i) the felony or other offence had actually
been cornnited; and
(ii)
'' he has reasonable grounds to believe
that tbe p€rson arrested has committed
that offencel

(c) offering to sell' pawn or deliver property

which ie has reasonable gounds 10 believe
to b€ stolen ProPerty;

(d) about to commit an act which would

In*ifotly endanger another person's life;
(e) deuining or suspected of deraining another
p..ro, JO ai,. in,*t to kidnap or unlawfully
remove him from Sierra Leone'

section 13 he shall
Person 14. Where a private P€rson arrests rmder
ro be deliver le person arrested, and tbe property, if any' aken
into
ancsred
be' to a Po[ce umcer-
l"lu"tu":*t possession by bim, as soon as may

A Police Offrcer may' without a warant. are$

a
Police l5. 0)
Officet Derson-
mav a €sl (a) rvho commits an offence' in his
presence'
violence or disbonesry:
;:t):Xl involving
(b) whom another person PositiYely accuses
of
havine committed a felooy or an offence
ormirfr,bk by t"rt"nce of life imprisormertt
" of larceny' receiving stolen
- ofa*
'o.,
Droperty,embezzlement, false pretecse or an
Lffence relating to the theft of propert,;
No. The Crimizal Procedare Act 2$24 !1

(c) whom another person suspects of having

committed a felony or an offence punishable
by a sentence of life imprisonment or a
misdemeanor under paragraph (b), if-
(i) the suspicion of sucb other person
appears to the Police Omcer 1o be well
formded; and

fi) that person declares his name and place

of residence to tie Police Officer arr
accompany the Police Ofiicer to tbe
nearest police station or lock up, i,
reguir€d to do so;

(d) u,irom he has rcasonable cause to suspect of

havbg commitred or being about to commit
a felony or an offence punishable by a
sentence of life imprisonmentj

(e) whom he finds in any way disturbing the

peace, whether in a public or private place or
causing annoyance to another person;

(0 who obstructs a Police Officer while in the

execution ofhis duty, or who has escaped or
attempts to escap; from la$trl custody.

(2) Nothing in this section shall in any way affect or

derogate from any other powers conferred on Police Officers by this
Act or any otller enactnena

16- (l) A Police Officer may, where a person, other than a R€fusal to
person lialrle to be arested without a warrant- :I;,:ffi,
residencc
(a) has been accused ofcommitting an ofFence;
and
12 N0 The Crininal Proce&re Act 2021

O) refuses, on d€mqd ofa Police Ofrc€r, to giv€

hls narne and place ofresidence, or gives a
narne or place ofresidence which the Police
Officer has reason to believe to be false,
arrest that PeEon in order tbat his name and
place ofresidence may be ascertain€d'

(2) Where the true name and place of residence of a

person arrested mder subsection (l) has be'en ascertained he shall

be released after executing a bond, wiih or without sureties' to appear
before a Court ifso required.

where fte true name and place ofresidence ofperson

(3)
anested mder subsection ( I ) is not ascertained within 24 hours from
the time of arrest, or he fails to execute the bon{ or ifso required,
to
fumish sufrcient sureties under subsection (2), he shall forthwirh be
brought before the nearest Court havingjurisdiction in respect of
the offence for wlich he is accused.

Suspect to 17 Except where,the person arr€sted is in the actual course of

-
bE informad
of cause of
the commission ofa crime or is pursued immediately after escape
ar{cs1- from lawful custody, the Police Officer or any other person making
arrest
the arest shall inform the person arrested of the cause of the
and if the Police t)fficer or any other person is acting under' tlte
aulhority ofa warant, shall noti! him oflhe substance ofthe
warrant
and if so requied, shall show him the warrant'

INSTITUTING PROCEEDINGS INTHEMAGISTRAIES COTJRT

Institrtiog It. (I)Criminal proceedings in the Magistrare's Court may
proc€cdings.
be instiarcd by -
(a) a Police Ofiicer, pwsupt to the powers
conferred on the Attorney-General and
Minister of Justice rmder subsection (3) of
s€ction 64 of the Constiurtion and on the
Director of Public Prosecutions undet
subsection {5) of section 66 of rhe
Colstitution and section 46 ofthis Act -
Nc The Criminal Proce.lule Act 202l t3

@ bringing a person arrested with or

without a warrant before a Magistiate
or Justices ofthe Peace upon the charge
upon which he has been arrested; or

(ii) laying an information before a

Magistrate for the issue ofa warant or
a summons;

(b) a person or legal practitioner, making a

complaint or laying an information before a
- Magistnte for the issue of a wamant or
summons in respect of the complaint or
information:
Provided that -
(i) the complaint shall be in writing: ard

(i) ifa warrant is requested the complaint

shall be on the oath of the person
making the complaint or a witness ro
the offence.

(2) lt shalt be sufficient if io tbe title of the

proceedings, in committal proceedings or in a sumna4r tial, the
prosecutor is -
(a) a Police Officer,lbe prosecutor is described
as the "Insp€ctor-General ofPolice"; and

(b) a private person, his name shall appear in the

title of the proceedings as the prosecutor.

19. (l) Th€ Court may proceed either by- SumrDons or

(a) summons to a defendant; or

(b) warrant for the arrest ofa defendant, in the

first instance, according to the nature and
circumstances of the case.
 d! Proce&/re Act
2021
r,4 No. The Crirt
issue a
@) A Magisrate or 2 JBtic€s of the Peace shall
as ofcourse' uPon receipt
.r**o* i-Iwri-, inder subsection (1)'made'
ofthe information laid or the complaiff

(3)Wbere a defendant is imprisone4 " y^tAt

t:.!3^q
directed to the keepe'r ofthe correclnnal
bjm before ire Court may be
centre in which the defendant is confine&

lssue of 20- (D A $'arrant shall not be issued in the first instance'

oath of the person
warant- unlJs the'complaint is in writing and on the
the complaiot or ofa witness in that behalf'
making

a case for so
A Magisfiate may' if of the opinion that
(2)
the apprehension ofthe
aoing tras teen made, issue a warrant for
defendant.
whom a
Servic! of 21. (l) A Police Offrcer or an ofhcer ofthe Courtthetoperson to
S,rm-o* it aaiu"t"O for service shall serve it
upon
personally or byleavingit
*n"*n", it i. iit.""a by delivering it to him
known or usual ptace or
with some olher Persofl for him al his last
residence.

(2) where service rmder subsection (l) cannot' by the

the serving Pdlice Omcer-o-r an
exercise oi-due diligence be effected'
off."r ,f,ft" CoG sball affix the summons to some corsPrcuous
L""wn or usual olace of residence of
the person
,* ili
"i-,n. be deemed to have been dulv
summoned. and the summons sh;ll
served.
issued by him
Proof ol 22- Wher€ a Magistrate des es that a summons
lirnits of his jurisdiction'
scrvic€
,t uliU. ,"*"0 ut plice outside the local jurisdicriorr in
outside " haviog
jurisdictioa # tfr.f i..ra ,ft. ,,-,rrrmon' to rh" Magist-ate
to serveo
Magist-ate shall cause fie surunons
be
tiui pf.".. -a ,r.
*i I"^a an oi service to rhe issui-Dg c-ourt' which afl'idavil
"mA"Ut
shatlbeevidenceofserviceandthepersoneflectlngservtcesllall
ot servrce'
noi U" t"quired to auend and give evidence
otain.ity
fio The Crimiaal Prcxedute Act 2021 15

23. 0) Where a Magi$rate issues a summons in rcspect of Po-w-er lo

*'
an offence otherrhan a felony or m offence pmishable.by a seetence lm;
oflife imprisonmenlhe-
:1;*1*:: "
(a) may, ifhe se€s reason to do so; and

(b) shall when the offence with which the

defendant is charged is punishable only by a
'fine or by imprisonme not exc€eding one
year, whether with or witbout a fine,

dispense with the personal attendance of the defendant, provided

thar he pleads guilty in writing or is represented by a legal Practifioner,

(2) A Magistrate enquiri g into or trying a case may, in

his discretion, al any subsequent stage of the proceeditrgs, dlect
rhe personal anendance ofthe defendant, and, ifleccssa4r, enforce
the attendance in the rnanner provided in this Act.

24. Notwithstsnding the issuing ofa sunmons, a warrant may wanant *hcn
it'*d
be issued at any time Ufore o. ate. tJtirne ap,pointed in tre summons
for the appearance ofthe defendant

25. r 'here
witt a summo s does not aPpear where
the person issued
at the tinle aDd place appoinred in and by the surnmons, and his :'"f:i*t"d
personal aftendance has not been disp€nsed \dth under section 23,
the Court may issue a warrant to arrest him and cause him to be
brought before rhe Court.

Form't.
26. (l) A warrantofarrest shallte under the hand ofaJudBe,
Magisrate or Justice ofthe Peace issuing it. duration and
execulion of
(2) A warrant ofa[est issued under subsection (l) shall- *ffiant

(a) state briefly the offence with which the

person against whom it is issued is charged;

(b) name or otherwise describe the person; anii

 The Criminoi Prrrcedure Act
2024
15 No.

(c) order $e person or persons to whom it is

directed to apprehend the person against
whom it is issued and bring him before the
Court issuing the warrant or before some
other Court having jurisdiction in the case
or any otber Magistrate' Court to answer to
the charge mentioned in the warrant and
to be fi.[ther tlealt vvith according to law'

(3) A warrant shall remain in force until catrcelled or

executed,
effected by the
(4) The cancellation ofa lvarant may be
co"t to t"hich the issuing Court is
court issu'irig it, - by u

subordinate.
than one
(, When a warrant of arrest is directed to more
'person, more of
officer or it may be executed by all or by any one or
ihem.
warrant may be executed by rhe arest of
the
(6) A
defendant at any place in Sierra l€one'

outside the local

Removal 2?. Where a warrant of arrest is executed
the warrant' tbe.person
and bai1. li-ii "trrr"
i*i.Oiction of the Corrt issuing
warrant is \Yithin 20
#;;;i;:s the court which issu€d the

iir.t? ,rr"i*. ;r arrest or is nearer than the court within whose

irr.ii"o" [" -*st was made' be Eken before astbeif last-mentioned
tffi'ih;;;"lt.deal with him in the same wav brought before
it under section 35.

ofaperson in
Court may 28. (1) A Court issuing a warant for t}le arrest
of life imprisoDmenl
dircct secu lY ,arpao ot* of"o" not pmishable by a senteoc€ gooo ano
to be taken. p,rolters.
,tutt. urt"tt the comPlainant or Prosecutor
nol be gra'reo'
,rffi.i.nt ,.u.o^ in an affidavit, why bail shouldperson enters into
ll."o u, .raorr".ent oo the warrant that. if the
th€
;;;#;;;;th .rffi"i*t '*"ti"t for his attendance before by
ilfr; t*"tfi.J time and after rhat until otberwise directed
is dkected shall take such
ilr"t""n, ti" om"- to whom the warrant
,e"rrr.y -O release the person Aom custody'
"UuU
 No. The Criminal Procedure Act 2421 17

(2) An endorsement under subsection (I ), shall include-

(a) the number ofsrneties (ifany);

O) the amount to which the sureties and.the

person forwbose arrest the warrant is issued
are to be respectively bound;
(c) the Court before which the person arrested
' is to attend; atrd
(d) the time at which he is to attend beforc the
Court including an undertaking to appea. at
such subsequent times as may be dlected
. by the Coun.
(3) Where an eadorsement is made, the officer in charge
of apolice station to which, on arrest, the penon named in tile
warrant is brough! shall release him upon his entering into
such
recognisance with or without sureties approved by thai officer in
accordance with an endonement conditioned for his appearance
before the Court and al lhe time and plac€ named in the rec;gnisance.

(4)Whenever security is takea under this section. the

' ofEcer to whom ttre wamnt is directed shall forward the recognisaDce
to the Court.

D. (l) Subject to sectiotr 31, a Judge, Magish-ate or Justice rssuarce

of the Peace who is satisfied by information on oatlr ttat there is of search
reasonable ground for believing thar rhere is in a building, uer."f,
vehicle, receptacle or place anlthing upon or in respect oiwhict _ ' X,ilIIIX
LL,
(a) an offence has been committed o, i, *ut'-'
suspected to have been committed;

@) will afford evidence as to the commission of

an offence.
may at any time issue a warant rmder his hand authorising a police
Officer or other persoo narned in rhe warrant to enter thJbuilding,
vessel, vehicle, receptacle or place (which shall be named
in th1
warrant) if necessary by force and to search it and every persol .
found in it and if anything searched for is fou@ m seize ;t anj a.rest
the occupier or owner of the building, vessel, vehiclg recepacle
or
place ifthe Magisu-ate or Justice ofthe peace thinks
fit so to direct.
 2071
i{o, The Ciminal Pracedure Act
18
or other
Qt Where building vessel' vehicle, recePtacle
a
m charge ofthe building
residing in or being
olace is closd a Person
shall, on demand ofthe Police
r,rssei, vehicle, recePtac le or Place allow him ftee
executmg the search warant,
Officer or other Person search in it-
reasolab le facilities for a
:ntry into it and afford al'l
vehicle'
(3) Wbere entr) into a building' vessel'
,"".p,u"t"?o,tJ-ili;:y'lTi"ilf*il}:t'ili"i:ffi I
the-seal
or olher person executing
enroowershimtodoso'entertorctoly'orbreak-openthebuilding'
i..i..t-,"t 1"t". t*"ptacle or other place'
the'Police-
(4) A search warrant shall be executed by mal
t'uut tttu'ge thereof; andhe
am"., ortl'rrti GJo"'"t'i 'lutt necessary to assist him'
;;;.;;; Lv -v oth"' p""ons

(5) warrdnt:H;'*:ilt :ffiffiff:

A search
the momfifii,ri1r,g'rt f,ff
the houIs of 5 o'clock- in nl"V bian
order
or Justice ol the rEd"'
Judge. Magistr de n.. nr.
end-orsed on it, give a horiry ror I
"i"r?'-ri
A Police omc'er may
-
Scatch 30
without (a) debin a P€rson carrying or conveying along
\rL'rant ilr '-' .- iq"l, $eet' highway' 9*y: t'"11i,-ol
lo.i puutit ptu"" - animal' matter or tbrtrg
adicles are
being which -
conve,ved,
elc tl hu]t-'c
G) the Police Oficer
suspecs
unlawfully
been stolen or otherwise
obtained; or

that a
resPect of which he susPocts
GD
'-' h ofl*"e has been' is be ing or is
"'iminul
about to cornnitted' and
No The Criminal Proced*e Act 2021 19

(b) exandne a box, pacel, baske! bundle, or any

otber package carried or conveyed b-v that
person whicb he may reasotrably suspect to
contain an animal. matter orrhing; and if tiirt
person does not give a satisfactory accouni
of himselfand ofan animal, macer or thing
the examination may discover, airesr tiia:
person a:xi cause him to be taken before a
Cou't as soon as practicable to be dealt \4'ith
ac.ording to law.
31. Nothing in s€ctions 29 a,nd 30 shall auttrorise a person, s!.rronj.29
other than a Judta. to grant a warrant to search for a document in the ttdtslolro
custody of a postal or telecorrmunicalioDs body or entity or data ro.tat, tete-
collection establishmenl communi-
cations, and

"01i1"".".
establishmcnt,
32' (l) Where a search warrant has been executed, tJre person Relum of
r+'ho executed it shall retum the warrant, togetber with everytbing search
seized mder it to the High Cout, a Judge, a Magistrate or Justices of '"* "n''
the Peace sitting in Coun.

. (2) Upon receipt ofthe search warrant and ofall the things
seized under it the High Coun. a Judge, Magist ate o, Justices ofrhe
Peace sittihg iil Court may make an order as to the immediate custody
ofthe &ings seized and at any time thereafter, may make an ordet as
to their disposal as may seem proper.

(3) Subject to sutrsection (l), the Coun shall, if of the

opinion that property or any portion thereofcar be retumed to:he
person ideotified as the ormer, witlout prejudice to the ilterests ji
justice, order that the property or aay portion of the propert, be
retumed to the owner or to dny other person as the Coun may direc:.

(4) Where a property has been taken &om a person under

this secion, aad t}rc person is not charged before any Court but is
released on the ground that there is no sufficicnt reason to believe
that he has committed any offence. any property so taken from him
shall be resrored to him-
 Cininal Proced&e Act 2024
No. The
m
Judge' for tbe discovery
Execulion 33. (l) A search warrant issued by a
of scarch *larrfr{ty obtained may be executed
ofpr0perty sto f",
"r "*,"t*i*
in any part ofSierra Leone'

M€i$rate or Justice of
(2) A sBrch warrant issued by a

in the Provinces' for the

the Peace in rhe Wesem fuea or in a district
unlawfully obtained may
discovery ofproperty stolen or olherwise
Area or in a district of the
be executed in any part of the Westem
is ouside the jurisdiction
Provinces, although such part or distict
issuing tbe warrant
ofthe Magistrate or Jusice ofthe Peace

$otren or
(3) Where ProPerty is alleged to have been
in pursuance ofthis sectiorl
otherwise unlawfirlly obtained is seized
a Police Officer or otrer p€rson
to whom the search warrant w,ts
directed shall, without special ar*loiity
in that behalf' arest the
was at the time ofseizrre' or
person on wbose premises the Prop€lty
the person fiom wbom it-was take4
ifother than the person oD
before the Court within whose
whose premises it was, and take him
tlte possession of
jurisdiction the seizllIe was made, to arcount for
"* case the Court'before whom the
Oror".,, and in every zuch
hear and determine the
p"r*n i, Urooght ,hall have jurisdiction to
matter notwithstanding that the alleged offence !.ras commified
outside the jurisdiction ofthat Courl

(4) Where property has been takeo tmder this section

person charged before a Court with an
offence' a rePort shall
Fom a

be made by tlle Police to the C-ourt

ofthe fact of the property having
and of the particulars of such
been taken from the persoo charged
opinioD that tle property or
property and the Court shall. ifitis ofthe
justice'
. Otaot "- be rehrmed consistent with the interest of
person charged or
propenv* or a portion be retumed to the
direct the
deem proper
to such other penoD as &e Court may
No. The Criminal ?rocedure ,{ct ?.a21 :l
GENERAL AUIHORITY OF TTIE COTIRTS General
aulhonty of
34. (l) A Coun may cause to be brought before it, a person coun9 to
who,within tle local limits of its jurisdictioB - bring
defanda s
before them.
(a) is charged with an offence committed within
Sierra l-eone or which according to law may
be dealt wift as if it had been committed
wi&in Sierra Leone; and

(b) against whom a complaint is made in respect

of which rhe Court has power to make an
- order for dte palmrcnt ofmoney or otherwisE.
and to deal with such person accordbg to
its jurisdrction.

e) Tbe High Coun may, in addition. caus€ to be broughi

belore iL a person who is within Sierra Leone and is charged with aR
offence over which fte High Court has jurisdiction.

35. (l) A Remitting Court before which a peson who is within Deferdants to
b< remilted ot
the local limits of its jurisdiction and is durged with having commired brought in
an offence within the local lirnis ofrhejurisdiction ofanorher Coun certain cascs
to anothcr
is broughg shall unless authorised to proceed in the case, send him Court.
in custody to the Court \yithin the local limis ofwhose jurisdiction
the offence was committed or require him to give security for his
surender to such last-mentioned Court, to answer the charge and to
be deah with according to law.

(2) A Remifiing Court shall send to dle Court to which

the person charged is remined for trial under subsection (l). an
authenticated copy of the irformatiorr summons, warrant and any
other process or document in its possession relative to that person-
 The Ciminal Procedure Act
2024
D No.

36. A Remitting Court shall, wbere a person ts

Rcmoval
trlldcr held in custody under subsection
(l) of
section 35, issue a warralt' which shall be
sufficient authoriry to a persoo to whom it is

directed, to receive and detain the person

Fon I in
Schedule Il named in itr and to caIry him and deliver
him
up to the Court to which the pcrson charyed
is rernined for rial'

PLACE OF ENQTIIRY AND TRI.AL

ofsierra Leone'
Offcttc€s n. An ofenc€ may be irquired into in any part
h-quired i o
in any pan of
SienS Irona
Subject to the Couts Act, 1965 and to
dte pow-ers of
Trial of 38. by Couns
crses by ran"* rmaer sefoon 42, the place for trial of offences
High Cou,t shall be detennined according to
Courts qrhet the
than High
;;;;;;;"
Coun. following rules-
(a) an offence shall be ried in tbe Judicial Dishict
in which it was committed;

rh) where a Derson is accused ofthe commlsston

' ' of an oflence by reason of anlthing which
has been done or which has been omified
to
be done, and ofany consequence which has

ensued, the offence may be tried in a disaict

in which the thing was done or omitted to be
done or any consequence tbat has ensuei;

(c) wher€ an act is an offence by reason of its

relation to another ac! which is also an
ofience. or which rvould be an offence ifthe
doer were capable ofcomininting an offence'
a charge of the first offence may be
tried in
the District in *'hich either act was done;

(d) where -
No The Criminal Prxedwe Aa 2024 23

(f it is uncertain in which of several

Districts an offence was commifted
(D an offeDce is commined partly in one
District and partly in another;

(iii) an offence is a continuing one, and

continues to be committed in more
Disricts than one; or
(iv) an offence consists of sevsral acts done
in differetrt Dishicts, the offence may
be tried in any one offtose Districts.

39. An offence comrnitted whilst the offender is on ajourney offences

or voyage may be n'ied in a Di*icr tho.gh or into which the offender, lllPittcd
on Joumcv'
or the person against whom, or the thing in respect of which. the '
offence was cornmitted, passed in the course of rhat journey or
voyage.

40. Wh*e a peason is accused ofthe crmnission ofan offence offencls

at sea or elsewhere out of Sierra kone. which accordins to law mav commhted
be dealt with in Siera Leone, the offence maybe tried at-any place in lr,t?ro'
Sierra l,eone to which the defedant is first brought or to rvhich he siena Leone
may be take n thereafter.

41. (l) A public officer or a person holding an office in respect Orlbnces

of which the salary is provided from the Consolidated Fund or directly by public
ofliccrs
out of moneys provided by Parliament, who commits outside Sierra abroad and
Leone. when acting or purporting to act in the course ofhis duties, on an
any act, which if committed in Sierra Leone wcruld be an offence, aircraff.
commits an offence of the same nature and subject to the same
punishment as ifthe act had been committed in Sierra Leone.

(2) A person who commits an offence on an aircraft or

does an act which ifdone in Sierra l-eone would be an offence, commits
an offence of the same nature, and shall be subject to thi same ,
purishment, as ifthe act had been conrnitted in Sien-a [rone.
 The Criminal Procedure Ac'
2021
21
\o
Derson may be proceeded against'
(3) A tried and
u,i Lf"n"" under this sectioo in any part of Sierra
"d
",,ni.t
l.'#-i, *ni.u n" is apprehended or is in cusody' as if the oflen-ce
the offence shall for
il;;; ;;;t-"d in that of Siera Leone and
on the $ial or punishment
all Dumoses incidental to or consequential
Leone'
u. ,o Uu"" fr"en comnitted in that part ofSierra
i..'r.l
ma<k by Originating
Power of 42. The High Cowt may, on an applieation
by a
Hig} Coun lo,J. of uotioi' ortler that aa offence being enquired into
Magisrate court
to traosfer
comnlitlal ;;;;; a;;av be enquired into bv another
proc€€dings ,p.iin"O io ,ft" OtOer, on the grounds lhar it would -
aod o$cr
crimi.lal (a) tend to the general conveniene€ oftbe Parties
oases.
or witnesses; ur
(b) orlerwise be expedient for the entls ofJustice'

43. (1) Whenever it is made to appear to a ludge' by

Pover cf
summons that -
Judge to
tralsfer (a) question of law is Iikely to arise' which
cds€i. ' ' some
iii. d"ritaut" thould be decided by the High
Court:
(b) will lend to the
an order under this section
t-'
gan"rut convenience of the parties or
witnesses; or
(c) for dre
such an order is otherwise expedient
ends of Justice, the Judge may order thal -

an off€nce be tried bY t}le High

Coun
O
or a subordinate Courq
(D a defendant be committed to
the High
Coun for trial;
fli a defendant be comrnitted to
the Higb
court for trial irstead of being tried at
the Place where he would but for the
ordei have been u'ie4 be tried bY the
as may
tligh Court at such other place
be sPecified in the ordet'
No. The Criminal Proce&re '4ct 2tr24

(2) The Judge may act on the summors of a party

interested after due notice to all other interested parties'

(l) Wher€ a defendant makes an applicalion mder this

section, tie Judge may, before ganting the application, dircct him to
enter into a recognisance, with or witbout sureties, conditioned tlat
ie will. ifconvicted, pay the costs ofthe Prosecution'
criminal case, before evidence is taken, a FErson Notice
of
44. Where, in a
intention to
traving tue conduct of the prosecution or the defencc, notides the
Court before which the case is pending, ofbis intention to make an qppli.dien
to transfe''
application uader section 42, in rcspect ofthe case, the Cotnl shall
adioum the case to sucb a date as will afford a reasonable time lor the
application being made ald an order being obtained thereon, before
the defendant is called upon for his defence.

CONDUCT OF CRLVINAL PROCEEDINGS.

45. 0) The Auomey-General and Minister of Justice

"y #l*T,li'*o
enter a nolle prosequi either by a statement itr Coun or informing he Mrnisrer of
Court ia reriting that the State intends that tle proceedings shall not Jusicc mav
continue and thlreupon the defendant.sball be at once discharg*: illiii,ll.
'
resparct ofthe charge for which the nolle prosequi is entered and il he
hagb€en corrnitted to a correctional centre shall be released or ifon
bail his recognisances shall b€ discharged; bul such discharge of
the defendant shall not oPerate as a bar to atry subsequent
proceedings against him on account of the same iacs.

(2) Where the defendarf is not before the Court when F-orm 8&9 n
sc'ed'i' r'
the nolle prosequi is entered, the Court shall forthwith cause notice
in vriting ofthe entry ofthe nolle prosequi to be given to the keeper
of the correctional centre in which the defendant may be derained
and also shalt forthwith cause a sirnilar notice in writing to be given
to any witDesses bound over td prosecute and to their swelies (if
any), and also to the defendant and his sureties in case he shall have '
been admitted to bail.
 \o. The Criminal Procedure Act 2021
)6

For the purPoses of section 48 and this section.

(3)
proceedilgs inclurle an appeal fiom a determination in criminal
proceedings before a Court and a case stated or question of law
resened for tle purposes of such proceedings-

PREVIOUS ACQUITTAL OR CONVICTiON

Perso s 46. A person, who has been once tried for an offence and
convicled
convicted or acquitted of such offeace, shall oot be liable io be tried
or acquitt€d
again ou the sarne facts for the same offeace or any other offence of
which he could have been lawfi.rlly conYicted at the first trial, rmless
a retrial is ordered by a Court having power to do so'

consequences 4'?. A person coavicted or acquitted of an act causiEg

sueer'e.lll! consequences, which together widt zuch act constitule a different
:i Ht"'Ti-" offence aom &at for which such person was convicted or acguitted'
i"'..r,ri":. may afterwards be tried for the last-mentioned offence, if the
consequences had not hapPeDed at the tine when he was acquitted
or convicted.

Proof ol 48. ln an information or indictmenl against a pe$on iD which

evidence of a previous conviction or acquittal of such person for an
previous
conviclion
offence is relevam to t}le issue, a certificate coDtaining the substance
ard effect orly(omitting the fonnal part) of the Iaformation or
indictment and conviction or acquittal for such offence, purporting
to be signed by the officer having the custod)' ofthe records ofthe
Court where the offender was convided or acquitted or by his
depury, shall, upon prool ofthe identity ofthe personconvicted or
acquined be sufficient evidence of&e conviction or acquiftal without
proofofthe signature or official ciraracter ofthe person appearing to
have signed it.

RTJLES AS TO INFORMAIIONS AND INDICTMENTS

Informatiol] 49- (l) An information or indictrnent shall contain, and sball
be sufficient if it contains- a statement of the specific offence or
offences with which tle accused is charged' logether with such
particulars as may be necessary for giving reasonable information as
to the nature of the charge.
No. Tfu Ciminal Procedwe Act 2071 z1

(2) Notwithstanding any rule of law or practice- ao

information or indictnent shall, subject to tbis Act, not be open to
o[iection in respect of its form or content if it is fi:amed in accordance
with rules made under this Act-

(3) The Rules of Court Committee may. by smtulory

instrument, add to, vary, revoke or replace the Criminai Procedut':
Rules in the Fim Schedule.

JOIN'DER OF CHARGES AND DEFENDA\TS

50. (l) Subject to the Criminal Procedure Rules in the Firs:

Schedule,charges for offences ma1', iflhose charges are fomded c'r
the same facts or form a series ofoffences ofthe same or a simila.:
character, bejoined in the same complaint, infonnation or indictrnent
and tried at the same time.

€) The following persons shall be charged and tried

together, nanely-
(a) persons accusoi of the same offence
committed il1 the course of the same
transaction;
(b) persons accused of an offence and persons
accused of aiding and ab€tting or being an
acc€ssory to or ofattempting to comm it such
offence or participating in the commission of
such offence:
(c) persou accused of different offences where
all ihe offences are founded on the same facts
or form or are part ofa series ofoffences ol
the sanre or a similar character;

(d) persons accused of different offences

committed in the course of the same
transaction-
 The Cfiminal Plocedure Act 2021
NG

COMPENSATION AND COSTS

51. (1) Where a penon is convicted of an offence and the

Co0paDsation the peIson
in$, bc facs comtituting the offerrce amount also to a tort against
ordcrad- .,..r-o.tw ofrl-" *mplainant, the Court b€fore \ttich that Person is
coirvicted may, on applicador ofrhe prosecutor and iftbe evidence
led at the t'iil so warrants, order the person convicted to pay the
prosecutor such sum ai appears to the Court to be reasonable
iompensation in so far as thi sum shall not exceed the maximurn fine
thui it Court it .*pol to impos€, in addition to or in lieu ofany
" "red
other punishment.

(2)Where a person is convicted ofan offence and in the

loss to the
opirrion oithe Corn the offence has resulted in financial
tbe Court shall order
Govemment or to loss ofcov€rnment ProPerty,
tU" p.*o, so convicted to make good the loss occasioned by the
thinks fit in addilion to any
offence on such tems as the Coun shall
other punishment.

(3)Where compensation has been paid or a loss to the

Goremm"nt has been made good in accordance with
subsectitlns
(il-a person shall be reletxed from all firther or
G), the convicted
whelher civil or criminal for the
otier pto".rairgt Uy fhe Prosecutor
same cause.

it to pay all
Costs 52- Tbe Cout may order a Frson convicted before
ofhis prosecution iu so far as
payable by or any specified part ofthe erpenses
part], maximurn fine ttrat the Court is empowettd
,1," a,nn ittult ,of rlre
convicled- "t"eed
to impose.

Where it appears to the Cout that a charge is

malicious'
C6$ ro t€ 53.
paid by tlre Coun may order the cornplainant to pay all
frivolous or vexatious,
exPenses of the prosecution or ol the
complainanl
in ccrtain 'to- of the not
or any specified part
exc€ed dre maximun fine thar the
A"f"*" iu, ,o"t shall
Court is emPowered ro imPose.
 No. The Criminal Procedure Act 2021 D
54. The Couft may, when exercisingthepowers conferred upon Faymenrsro
it by section 52 or 53, order that the whole, orsuch portiom as-the partres.
Coun thinks fit, ofthe expenses paid, be paid over to the proseculor
or to the defendant, as the case may be.

55. (l) Compensation or expenses awarded under sections Rccovcry of

-s
I to54 or paragraph (b) of subsection ( I ) ofsection 57 shall not be damag€s, erc
regarded as a penalty, buf"ball be recoverable as ajudgment deLrt in por,n
11 ;n
the Court by which the order for paymenr is made. iciea,u a
(2) Nothing in rhis section shall in any way affect or Limir
the powers confened upoD the Court by sections 57 and 5g_

RESTITUTION OF PROPERTY

56. (l) Wlere upon tbe arest ofa persort charged with an Rcrurn of
offence. properry is taken flom hirn the Court before which he is |ropefly
charged may order rhat rhe property or a pan thereofbe restor.d ;
the person who appears to the Court to be entitled to it.
n:!j"-
ilcsr"a.

(2) Wherc property is retained in Coun pending an appeal,

on application by summons, tbe Coun to which an appeal has been
made or in which notice of leave to appeal has been filed, may. if ir
considers that the property is not necessary for the determination
of the questions raised in the appeal, order the property or any part
of the property to be retumed to the persoD who apperrs to it to be
entitled to ir.

57. (l) Where a person is convicted of having stolen or Restiorion

otherwise obtained property dishonestly by means ofan offence. or- of .p.op"ny
is convicted olbeing involved in or faciliraring rhe commissir, if,fl":]
offence, the Court convicting him may- ";;
(a) order thar the propeny or pan thereof be
restored to the person who app€a.i; to be the
owner thereof either on payneDt or without
pament by the ow[er to the person in whose
possession such property or a part rhereof
then is, ofany sum named in the order;
 tr_tl, The Criminal Prccedvre Act 2024
30

O) make aD assessmeDl as to the value of the

Propefiy at the time it was so stolen or
bthir.f ise obhined as aforesaid, and order
that tbe sum so assessed be paid by the
person convicted to the person who apPears
to be the owner ofthe ProPert-v'

(2) Where a person is convicted of an- ofl'ence and the

Court by or before which he is convicted is satisfied that proPerty
or
iuG.i lut"n,tty t.ized from him, or which was in his possession offence'
rf,e time when he was aPprehended for the
.iOe. his
used for lhe purpose of comnining or facilitating the
"ontroiat
oi t ur U."o
xsed for that
io*-l.tio, of- offence or was intended by him to be fir under this
prrp*., U. Coun may make such order as it thinks
section in resp€ct ol that Propen-v'

(3) This sectioo shatl not apply to-

(a) valuable security whicb has been bona fide

paid or discharged by a Person liable to pay
or discharge the securitY: or

ft)
'' nep.oliable instrument or money which shall
haie been bona fide received by transfer or
tlelivery by any person for ajust and valuable
consideration withoul Ilotice, or without any
,easonable causeto susPect, that h had been
srolen or otherwise dishonestly obtained; or

(c) an offence against sections 20' 2l and 22 of

the I-arceny Act, 1916.

/4I on lhe rcstitution ofa stolen properry if it appears ro

has sold rhe
rte Coun by the evtdence that the person conv,icted
persun had no Knowleoge
srolen oroperty to a pcrson. and that the
** monels have been taken from
ii-"itrtJrilr.ir slolen' and that
not retumed ro him
;#';;;;;""d on his apprehension and
oflhe purchaser'
so, ,r'e coun may. on the apPlicatioo
".ilit."ii"t
oider that out of such moneys a sum nol exceedln-q lhe anounl or
the proceeds of the sale be delivered to t}Ie
purchaser'
No. The Crirninal Procedure Act 2021 3l

PRESERVATION OF TESTIMONY IN CERTAIN CASES

58. Whenever il appears lo a Coufi thal any person dangerously Po*ei ro rakc
is able and willina ro give material deposirion.
ill or hurt. and not likely to recover,
informarion relating to ar offence, and ir stratt nor f,e piacricauf. t" llrlJf"",l"1,
take the statement or deposition of the persoo so ll or hurt in itl
accordance \yith Part lll in relation to summary trials or part Mn
relation to commitral proce.Jings, the Court may take in writing the
statement on oath or affirmation of such person aod shall subscribe
the same and certi8, that il contains accurately the whole of the
statemenl made by such person, and shall add a statemeDt of ths
reason for taking the oath and ofthe date and place when and where
it was taken, aud shall preserve such statement and file it as part of
the record of ensuing proceedings-

59. lfthe statement taken in writing under section 58 relates or Noiiccs to bc

is expecled to relale to an offence for rvhich a Derson is under a 8ir.1 in
cenarn cases
charge or committat for trial. reasonable notice of the intention to
take the shtement shall be sewed upon the prosecutor and defendant
and ifthe defendant is in custody, he shall be brought by the p€rson
in whose charge he is, under an order in writing ofthe Coun, b the
place where the shtement is to b€ taken

.60. Where a statement taken irr writing under section 59 relates Trrnsmrssion
to an offence for which a peBon is then or subsequently comm'fied of starcmenl.
for trial, it shall be transmitted to the Coun in which the person is to
be tried. and a copy thereof shall be transmined to the Attomey-
General and Minister of Justice.

61. (l) A slalemert taken in writing under section 58 may Statemcnt

aftenvards be used in evidence on the trial ofa persoo accused rf*
il":r,[",#l
"'''
oflence ro wbich the statement relates, ifthe person who made the
statement is dead, or the Court is satisfied thar -
(a) for suffrcient cause his attendance cannot be
procured; and
@) reasonable norice ofthe intention to take such
statement was served upon the person
against whomit is to b€ read in evidence;
and
, No. The Criminal Proce&tre Act 2024

(c) he had or might have had, ifhe had chosen ro

be present, full opportunity of cross-
examining the person making the statement-

@) The signature and attestatioD of lhe Judge or

Magistrate by whom a statement was taken shall be sutlici€nr prima
facie proofofthe statemenl and thar the stateme wasraten in all
respects according to law, and such attestatioD and sipature shall
be admitted without proof unless the Court sees reason to doubt the
genuineness of the attestation and signature.

WRITTEN STATEMENTS AND DEPOSITIONS

Writien
slatemanl
62. (l) Where a person has been committed for trial for an
and offence, written statements obtained or the deposition ofa person
dcposilions taken before the committing Magistrate may, ifthe condirions ser out
in subsection (2) are satisfied, without funher proof. be read as
evidence on the trial of that person, whether for that offence or for
any other offence arising out of the same transaction or set of
circums[ances as that offence.

(2) The conditions referred to in subsection (l) are -

(a) where a witness whose attendance at the trial

is stated to be unnecessary or who canDot
be found, or whose attendance cannot be
procured withoul an amount of delay,
expense or inconVenieDce which in the
circumstances of the case, the Court
considers u.nreasonabld, or who is proved at
the t-ial by the oath or affrmation ofa credibie
witness to be dead or insane or otherwise,
mentally unwell, or so ill as not tobe able to
travel, or to be kept out ofthe way by means
of th€ procurement of the
defendanr or on his behalf;
 No. The Crrminal Ptacedure ,4ct 2t)24
33

(b) where the document about to b€ tendered is

a written statement or a deposition, it must
be proved at the trial either by a certificate
p[poning to be sigled by the Magistrate
before whom the writlen stat€ment or
deposition is purported to have been
tendered or taken, or, by the clerk to such
Magistrafe, that the wrinen statement was
tendered in the presence ofthe defendant;
and that where this was permissible, the
defendant or his counsel had full opportunity
to cross-examine the witness-

63. (l)
The written statement or deposition of a medi€al wriucn
practitioner or other wihess, tendered or taken and atested lo bv a statemeDt ot
Magisaate in the presence ofthe defendanr, ,uy u. read ."ii.;", *T#"'j't'
although the witness medical or the depoDent is not ^called as a pracririonei
'
witness. H"f;.m.
(2) The Court may, ifit thinks fir. and on the application
ofeither party, summon and examine the deponent as to thi subject
matter of his written statemenl or deposition.

(3) This sedtion shall be in addition to and not in

derogation of any otber provisions of this Acr-

6r. A starement made by the defendant at lhe comminal Sralcment of

proceediogs may be given inevidence iradmissibte accordi"s to rhe
rules of evidence.
::fi;1:ljr"'
proceedings.

65. The signature ot attestation ofthe Magistrare holdins the signature and
committal proceedings shall be sumcient prima facie oroof of a;ten aneslarion of
statement or deposition and tltat itwas tendered or talen in allres
'- Magrstrale
according to law, and the attestation and signature shall be admitted
without further proot uDless the Court sees reason to doubt rhe
genuineness of the statement or deposition.
 20x1
The Criminal Proeedure Act
4 No

In a trial on indicdnent for murder or

manslaughter'
6. (l)
Dying person' whether it be made in the-
tf," i".-"farutlon of deceased '
ifthe
declamtion " not' may be given in evidence
ir"r.n." oftU. defendanr or
lii.#;;;;;-tiine of making the declaration be lieved h imself
;5#'[iili#;;*tr' ;;
enlrtained at the time or making ir
no hope ofrecovery.

(2) ln a trial otherwise than upon indictment for murder

person
.r, manslauqhter where the cause of death of a deceased
whether it be
."r.t:f* ,ir"t,i*. the declaration of the deceased discretion
or no! mav' at the
;;;i;-";';;'"; of the defendanr
at the time of
rlm" t"r.i U" given in evidence if the deceased
approarhing
believed himself to be in danger of
i#rgii"-i*1-irltn lime of making it'
a*J Tftf,ougl he may have entertained at the
hopes of recovery

the hand
C.rtain 6?. (l) A document purPoning lo be a-repon under
scicntificc medical practhioner' dental surgeon
or chemist dul)'reglstered
ofa
rcport to regulatory body or a forensic scienlist or expen
bc evidcnc.. *iift tf,a urrtorti"t.
dulyregiseJfor t-hal purpose' relatingto lhe examlnation or anal)'sls
of-
(a) a body, body Pan or bodY fluid; or

(b) rhe extent ofinjuries ofa person, may, if it is'

direcled to the Court or the Prosecuting
authority or produced by a Police Oflicer
or a
nerson to whom it is directed or lo someone
acting on his behalf. be used as evidence of
the iacts stated in it in a committal
proceeding, trial or other proceeding under
this Act.
(2) A document puPorting to be a report under the hand
.,f u oharmacirt forensic analyst geoscientist' environmental
"h"mist for
.*x'n. i"uo.t"ty technician or otrer scientist duly registered
tling submined lo hiin for
ii":t r,i-"t".
retting to a subsrance or
.*#ino:t.n o. -"tvsls. may, if it is direcred to th€ coun or produced
iv p.t*n * onorn it is directed or someone acting on his behalf'
"
bi used ofrhe facts stated in it at a committal proceeding'
as evidence
trial or otier proceeding under rhis Act-
No The Criminol Procedure Act 2024 J5

(3) A document purporting to be a repon under the hand

of a licensed surveyor, an engineer, architect, quantity surveyor or
orher examining officer relating to -
(a) land. civil works, buildings, electrical
in$allations, equipment, appliances, plans
or machinery; or
(b) the condition or operations of any motor
vehicle, vessel, aircrafl or conveyaDce, may,
is ditected to the Court or the prosecuting
if it
aurhority or produced by a Police Officer or a
person to whom it is directed or someone
acting on his behalf, be used as evidence of
the facts stat€d in a committal proceeding
trial or other proceeding under this Act.

(4) A document purporting to be a repon under the hand

of a forensic accountant, financial analyst, information technologist
or expert actuarial scientist or other scienti$ or examiner relaling to
any document,process or thing submitted to him for examination o,
analysis may, if it is directed to the Cout or the prosecuting authority
or is produced by a person to whom it is directed or someone acting
on his behalf, be used as evidence of the facts stated in il at a
committal proceeding, trial or other proceeding under thisAct.

(5) The Court may presume that the signature to a

document isgenuine and that the person signing ir held the office
wbich be professed to hold or was recognised as such at the time
when he signed it.

(6) Upon receiving a report in evidence the Court shall, if

it thinks such a course proper for the ends ofjustice, summon and
examine a person referred to in subsections ( I ), (2) (3) and (4) as a
witness or cause the person's evidence to be taken on commission,
as the circum$ances of the case shall require.
 N(I The Criminal Procedte Act 2021
%

A For the purposes of this section, "vessel" includes

an ocean going ship, locally consmrcted boat and any other vessel
plying the coastal or inland waterways ofSierra Leone'

DEFENCE OF LJNSOTNDNESS OF MIND

Inquiry by 68. (l) When inrhe course ofa trial or acomninal proceeding
Coun. the Court has reason to believe that the defendant is of unsound
mind and consequently unable to make his defence, it shall order the
defendant to be ionfined in a mental hospital for a period of30
days
for observation.

(2) Before.or immediately upon the conclusion of-the

oeriod of observat ion tmder subsection ( I ). the Chief Med ical Offrc cr
,huU a r€port on the condition ofthe defendant signed by 2
"uur.
registered medical practitionen, notwithstanding that the Practitione$
wib signed ttre reports hotd different opinions as to the defendant's
after
mental-state, to be sent to the Cout' which shall forthwith'
considering the report and taking such firrther evidence as it considers
necessary, make a finding upon the state of mind ofthe defendant'

(3) Where the Court finds thal the defendant is of

unsound mind and consequently incapable ofmaking his defence'
it
shall -
(a) postpone frrther proceedings on the case;
and

(b) ifrhe case is one in whicb bail may -

(i) be ganted, release the defendant on

sulficient securiry being given that he
shall be properly taken care of and shall
be preveDted from doing injury 1o him
self or to any person or property, and
for his appearance before lhe Court or
such olficer as the Court may appoint in
that behalf; or
|ia Thz Cimihal Procedarc Act 7$24

CO not be granr€d, or if sufficient securit-v

is not given, report tc the Minister who
may order the defendant to be confmec
ilt a mental hospital, correctional cente:'
or ather suitable place ofsafe custoil
and issue a rvarrant in accorJance lrr,'
such order-

69- Where the defendant appe3rs to be of sound mi'rd at ti

^ r' i ' z
time oftle commitral proceedings, the Court shall' nohvithstandi' I i '- i.t"
thal it is alleged that at the time when the act was commineri :" '

respect of which -the defendant is charged he wa-q, by-reasort i! I n--i:'

unsoundness ofmind incapable of knowLg the nature oftl'" utt
t
thar it was $Tong or contrary to !aw, proceed with the case and if t; '
defendant ought to be cornmitted for trial, so cornmit him'

m. (l) Where a person is charged with an offence and it is Drfence of

given in evidence on the trial of thal person for that offence that he insanit-l'.
ivas insane so as not to be responsible for his action at *le dme when
the act was done, then if it appear 10 the Court before whom the
person is tried that he did the act but was iasans at the time \Yben he
aia it, ttr" Court shall make a special finding to the effect that the
defendant is not guilty by reason of insanity.

(2) When a finding is made under subsection (l), the

Court shall -
(a) order the defendant to be kept in custody as
a criminal lunatic in a place and in the manner
as the Court shall direcl and
(b) report to the Minister *ho m3y order :lle
iri'
defendant to be con fined iir a mental hosPi
co ectionai ceDter or other suitable place r
safe custody during lhe Minister's pleasur€

(3) Where a person is charged with an offence and it is

given in evidence on the trial ofsuch person, dlat he was tempora ly
insane o. *'as otirerwise of diminished responsibility so as not to tle
responsible for his action at lhe material time when the acl was done,
 The Criminal Prccedure Act
2021
l8 No

shall take such mental

the trial shall be proceeded with and the Court
.""ai i"r'ir,a in reaching a verdicL or' in alW trial'
jury may "i*ideration
be directed b take such condition into consrderallon
rhe
before reaching a verdict.

71. (l) The Officer in charg ofamental hosPital' correctional

Periodical by vftue
rcporl on o, oth* plu"" ir which a crim'inal lumtic is detained
""rt". shall make a report
ciminal oiao ord"r. rnuO. onder section 68 or section 70'
by medical
Iunalic. to the Minister which sball be accompanied by a report a
once a yei[)-aDo
Dractitioner at such dmes (not being less than
requue' ol tDe
lontaining sucb particularc as the Minisrer may
;;;dld; *d .ir"ur.,un""t of every criminal lunati:-in. the
mental hospital or other place' and thelvlinister
"ot""ai"n"f "*"a,
shall, at teast once in every 3 years during which
a criminal lunatic
cente or other place'
i. -tft"in rfr".ental hospita! correctional
i"taio"O
ion, history and circumstances of such criminurl
""r"iO.t -rai
h;; ;J determine whethei he ought to be discharged absolutely'
or conditionally or otherwise dealt with'

Where a criminal hmatic is conditionally discharged

(2)
unaer subsection 1t), a rePort ofhis condition
shall be made to the
such
Minister by such person' at such times and containing
particulars as may bi requiredby tre order ofdischarge'

direct
Transfc, and ?Z (l) The Minister may, Aom time to time by o{dersuitable
a;r.tt.rg. or the transfei to a mental hospital, correctional center or other
j:::llf}':: ;i;;;a; custoq)- ora criminal lunatic detained in anotber
mental
center or suitable other place of safe cusody
irospital, correctional
,nd th" lunatic shall accordingly be rereived and deained
"rirnirul place ol safe
in that mental hosPial, correctional center or other
custody, to wbich he is so Fansferr€d

The l\4inisler may by order absolutely discharge

a
(2)
a criminal lunatic on such
criminal lunuic and rnay also discharge
as lbe
;;;;;rt as to the duration of the discharge or otherwise
Minister may think fit.
No. TIP Crimina! Procedure Aci 2021 i9

(3) Where a criminal lunatic has been discharged

coaditionally under subsection (2), ifany ofthe conditionf,ofsuch -
discharge appear to the Minister to be b,roken or the conditional
discharge is revoked the lvtiniser may by order direct him to be
taken into custody and to be conveyed to some mental hospital,
correctional center oi odrer place of safe custody named in the
order, md he may thereupon be taken in like manner as if he had
escaped &om the menial hospital, corectional center or other place
of such custody and shall be received and detained therein as if he
had besn removed thereto in pursuance ofthis Act

73.Whenever a committal proceeding or trial is postponed Resumption

trisl or
under section 68 or 136, the Court may at ary time resurne the of
investigation
committal proceeding or trial and require the defendant to appear or
be brought before such Cowt, when. if the Court consides him
capable of making his defence, the committal proceeding or trial
shall proceed, but if &e Coun considers the defendant lo be still
incapable of making his defence, fie defendant shall trs dealt vrith
as though the committal proceeding or trial had not been resumed.

74- Where a person is confined in a mental hospital uhder Ceflificate

section 68 and the Officer in charge of such hospital certifies that, ir
of medical
officer to bc
his opinion, the defendant is capable of making his defence, the evidmce.
defendant shall be takei before the Court at such time as the Coull
appoints, to be dealt with according to law and tbe certificate ofthe
medical offi cer shallbe recei'vable in evidence.

75. (1) Not$.ithstanding anlthing contained itr sectious 73 Trial 10 te

,liscontinued
and 74 where it is csrtified by the officer in charge ofa mental hospital in .ertain
or other medical practitioner appointed for thar purpose by the cases
Chief Medical Officer, that tle mental balance of a defendant would
be jeopardised by the strain of a trial, the proceedings against the
deitndant shall be discontinued unless the Director ol Public
Prosecutions informs tbe Court that he conside6 it esse ial in the
public interest for the trial to proceed.
 The Criminal Prccedtte Acl
20zl
4C

{2) Where the Proceedings are discontinued under

and thereaft*
r 'tu"ctioo (l t, tb" court shall discharge the defendant
i,"-ri,utl U" iubject to (Cap. 127) the Lunacy Act in the same
ciic.rmstances ,rd ro ti," same extent as a
mental patient against
r.,rrorn prcceedings have not been brought'

ADMISSION TO BAIL

Admission 76. (l) Where a person is charged with an offcnce -

to bail br-
.Judge or (a) ofmurder or treason he shall not be admitted
Court.
to bail excePt bY a Judge;
(b) for which the maximum penalry is life
imprisonnenE the Court may, if it thinks fit,
admit him to bail;
(a)
(c) o&er tban those retbrred to in paragraPhs
and (b), the Court shaU admit him to bail'
unless the prosecutor proffers good and
sufficient reasons, on affidavit, why bail
should not be ganted.

(2) A penon may be admited to bail at any time aod

thereupon iiall be'discharged from custody or

correcti'onal centre if
he is trot deained for any other cause'

a person to bail
(3) A Judge may, if he thinks fit, admit
is pending has not
although tLe Court before whom the charge
thcught it fit to do so.

(4) A defendant who is adrnitted to bail slmll procr're such

to
**",ty o, .trr"ai., in the opinior of the Col,Et will be sufficient
^
hi, appearance as and whel required and shall with him or
"rr',.J"enter into
them, a recognisance accordilgly'

(5) The Coun may disp€nse with sureties if in its opiDion'

its so dispensing will not tend to defeat the ends
ofjustice and may
,rcir ordeis, as it may deem fi! inctuding that the deferdant -
-uk"
No. The Crirninal Procedte Act 7024 4l

(a) surrenders his travelling docume s to the

CourI pendmg the hearhg or trial;

(b) reports at such place aDd at such times'as

the Cout may determine;

(c) gives a definite place ofabode or residence;

'or

(d) be subject to resaiction on his movement or

such terms as the Court may determine.

(6) \Vhere the detlndant is required to procure a surety

or sureties. t}le recognisances ofthe sureties may be tahen separately
and either before or afler the recognisance of the defendant.

(7) The Rules ofCourt Committee may make sueh rules

as may be necessary for giving effect to this section.

7. (l) Notwithstanding anything contained in section 76, a Admission

or police post may admit ro bail b,Y
Police Ofiicer in charge ofa police station
Police
to bail by recognisance conditioned for the appearance ofa defendant Officer
before the Magistrate Court or the police officer, on a day aud at a
place 1o be mentioned in the recognisance, theie and then to be dealt
with a:cording to laui wtere a defendant is arrested -

(a) without warant, on a charge for an offence

other than an offence for which the p€nalty
is life imprisonment; or

o) under a warrant endorsed for bail uoder

section 26.

(2) A Police Officer in admining a suspect or defendant

to bail under subsectioo (l), may require the defendant to - .

(a) surrender his tavelling documents or such

other documents as may be required;
 The Criminal Procedurc Acl
2024
Ia
O) rePort at such place and at such times as
maY be determined;

(c) Bive a defirite place

ofabode or residence:
or
(d) with or without
. Povide surery or sureties'
iitle deeds or other security as may be
ap'proved.

(3) A rccognisance under subsection (l)' shall be of.full

and eoual obligation o-n the parties cnteritrg
into it and tiable to all,its
proYloeo
pro"aadingt for rhe forfeiture and lev;.- of recognisaDces
by section l3l.
a susP-ect-or
{4) A Police Officer shall' ia admitting kept for that
a"ferraant ioiJ"nder
subse{tiou (1), enter in a book'
rcsidence
police station or pos or lock-up' the name'
;iffi; """ty the recognisance and of
anrl occuoalion of the person entenng into
iit r*"t'i"t "*"r.s' ii any. with the condition ofthe recognisance
a-""r.."" or other s;curity deposited or acknowledged'
^ri
(5) A book kePt under subsection (4)' shall be laidlefore
tt. Vuedte o, the Police Offtcer present at the rime and.place
-the atro sucn
*here suspect or defendant is required Io app€ar
t p"fi* Officer may enlarge the recognisance to such
""gir*"
further time as he may aPPoint'
THAT
CO}WICTION FOR OFFENCE OTIIER THAN
CHARGED

Person 78. (1.) Whfie on the rrial ofa person charged widr an offence
complete
chargcd with i, uoo.*r-upo, the evidence lhat the defendant did not
aa offcnce orJo
m6y be tf,"Tfr"o". Uut *^ guilty olattempting to corunit the offence be
not
convicred ;il'il or"r". L u" comminea' such defendanr shall
of allempl. uri may be retumed ofnot guilty ofthe offence
""q"io.al " ".ai"
cfrareed brn suitty ofan attempt to commit the
ofrence and ther€uPon
punished as it convicted on an information or
trr.-.ir"rJ*1'tr,irr u"
and no person so
indicmenr for attempting to comrnit such offence
triedshall be afterwards prosecuted for an
a$emPt to com'nit the
offence lbr which he $€s so ried'
N'o The Crimi al Procedure Act 2071 43

(2) Where a person is charged rvith an att€mpt to commit

an offence and tbe eyidence establishes &e commissior of the full
offence, the defendant may not b€ convicted of the full offence but
may nevertheless be convicted ofthe a$empt.

79. (l) Wbere a person is charged with murder be may,

-of
ifthe conYiction of
evidence so wanants, be acquitted murder and convicted rf HT:'.iilj'i,
manslaugfiter if the evidence so warrants although he was noi murier
charged with that offence.

(2) Where upon the trial ofa woman for tbe murder ofher
child being a childunder the age of l2 months, thejury and where
there is no jury, the Court is ofthe opiniron that at the tirne sbe. b1
any wilful act or omission, caused is death but that at the rime ofthe
act or omissioD tie balalce ofher mind was disturbed by reason o€
her not having fully recovered &om tbe effect of giving binh to ths
child or by reason of the effect of lactation consequert upon the
birth ofthe child, she may be convicted of infa icide.

80. Where a person is charged with robbery and it is proved Lonr',ltron

that he co mitted an assault with intent to rob. he mat' be acquifted or irsrulr
,o
of robbery and convictea or an assauli *i r, lii"i, i"'-u ::,j:-":*
he was not charged with that offence "r;;rgh charg€
of ftibbe4

81. (l) Where on a trial for any ofthe offences mentioned in Petsons
charged $ith
sections 25,26,27 and 28 ofthe l-arceny Act, 1916, &e facs proved burglary,
in evidence authorise the conviction for some other ofthese oflences etc., may be
and not tI€ otrence with which the delendant is charged, he may be convicred of
kindr.d
found guilty of$e other offence and Lhereupon he shall be punished
olfcncc.
as ifhe had been convicted on information or an indictrnent charging
him wilh such offence, except that a person shall not be convicted
under this subsection. of an offence, tbe maximum punishment for
which is geater than that prescribed for the offence charged.
 The Ciminal Procedure Act
2024
J.i Nrr

{2) Where a person oharged with any offence und€r

and it is
section t Z oifie t arceny ect' l9t6 relating to embezzlement
p.or"i,fr" rc oof. the property in question, he may be convi€ted
li.t".tirg ultltorgh he was not charged w h that offence and 1vt1e
pir*" It .r,.gla with stealbg a money or valuable -s:curil h:
^
ilv, in ff" .*ri." be convicied. of embezlement or offiaudulent
apflicatiol or disposition as the case may be'

Wbere a person is charged with stealing a- chanel

(3)
received ihe
money or'valuable secudty' and it is proved that he
to been stolen'
.iu*l, rnon"y ot .,aluable security kno*ing it have
with
i.iuj u" .onri"t"d of receiving although he was not charged
ftal offence.

(4)Where a person is charged lYith stealing and. it is

pror,ed tltai ir" obnined th€ chattel, money or valuable secudty
in
amount under tlte Larceny Act'
iu"ttion in such matmer as would
to oUtaining itbyfalse prerurses with intent to detau(
he may
iltO,
although he was not
be convicted ofobtaining it by false pretenses
charged wi$ that oflenc€.

Where a person is charged \vith obtaining a chattel'

(5)
m*ey or ralu"bl" secr-rity by false preteoses with inrent.to defraud
and ii is proved that he $ole the ProPerty in quesior'.he
may be
lonvicteO ofstealing it al&ough he was not charged with drat ofence'

(OWhere 2 or more persons are charged

jointly
wiih
proved that one or more ofthe persons
receiving a property, and it is
seDaratJv ,e"eived any part of the proPery, any ofthose persons
-prored
,rho are lo have received a part of the properry may be
convicted upon such charge.

(7)
Where a defendant is charged or sexual
not
'uitn
he
'up"
may be convicted
oenerration and the orig,hal charge is Foved.
(Act
Iri-v o.rf lesser olffences in the S€xual offenc€s Acq 2012
assauk
No- ii .fZOfZ) or in any other law dealing wirh indecent
although not charged with that offencc'
No. The Crimial Procedure Act 2,021 rl5

(8) Where a defeodant is cbarged with wounding and &e

original cirarge is not prove4 he may be convicted of the lesser
offence ofcommon assauh although not charged witb that offence-

&. Triat offelonies and misdemeanom shall be conducted in Persons

accordance with rhis Act. ;lfrl*H|,.
not to be

ill"Ifl[,..
is a fclony
83. Subject to any law rclating to evidence in criminal cases, Evidcncc.
where a person charged with an offence, is married to another person, Spousc
that other person shall be a competent and compellable witness on shafl be
competcnt
behalf of either the prosecution or the defence. and
compellable
84. (l) Subject to any law relating to the giving ofeviCence witness.
in CourL a person charged with an offence and the spouse or Competency
of persol
cohabiting parmer shall be a competent witness for the defence at chargcd and
every stage ofthe proceedings, whether the prcrson charged is charged his spousc or
solely or jointly with any other person. cohabiling
panner to
give
(2) Notwi&standing subsection (I) a person charged with cvidence-
an offence shall ilot -

(a) be cal led as a wimess under this Act except

upon his own applicationi or

O) be made the subject of a comment by the

prosecwion on account ofthe failure of him,
his spouse or cohabiting partner, as the case
may b€, to give evidence.
(3) A spouse or cohabhing partner of a person charged
wirh an offenc€ shall not be -
(a) called as a witness under this Act except upon
the application of the person so charged;

(b) compellable to disclose communication made

to each other during the marriage or
cohabitarion.
4I) No. The Criminol Procedure Act 2021

(4) A pemon charged with an offence under this Act and

being a wimess may be asked any question in cross-examination'
the off€nce
nolw"ithsanding thatlt would tend to incriminate him as to
thrrged.

(5) A person charged with an offence and called as a

witress under this Act shalt not be asked, and if asked shall not be
required to answer, a question tending to sbow that he has committed
than that
or Leen convicted ofor been charged with an offence other
for which he has been charged or is of bad character, tmless-

(a) the proof that he has committed or been

gdmissible
convicted ofsuch otber offence is
evidence to slow that he is guilty of the
offence charged;

(b) he has personally or by his counsel -

(i) asked questions of the witnesses for

the Proseculion wilh a view to
establishing his or n good character;

(iD given evidence of his good character;

or

(O invited impulations on the character of

the Prosecutor or the wimesses for the
Prosecution; or
(!-, be has given evidence against another person
chuged with the same o{Ience'

(O Ape$on called as a wihess under this Act shall' unless

otherwise ordered by $e Court, give his eYidence from the wihess
box or olher place from which 6e otlrcr wimesses gave their evidence'

(7) A person charged with an offence may'

notrrithstarding subsections (l) to (6)' make a statement withoul
being swom-
 No. The Criminal Procedure Act 2tt2t 4'l

85. (l) At any time before, or during the couse ofa trial. the prosecutron
Prosecution shall, at $e request of the defendant deliver to b.m a ro-dcliver to
copy of a \,r.ritten statem;nt hken by rhe pri;;r-";; ;.;:$::*I
prosecuting authorir-v from any person whom the prosecution
intgnds urirten
to call as a wimess or who is actually called as a witness.
;:l,:..:.JI
(2) Where a wi'ness is cross-examined at the trial on
behalfofthe defendant on any pan ofthe witness,s lrinen statement
made to the police or other prosecuting authorig.- the police or other
prosecuting arnhority may fumish the Cout with a copy oftbe wrinen
statement which shall become part ofthe record ofthe trial.

(3) A written statement taken by the police or other

prosecuting authority shall not thereby become evidence of facts
alleged therein, but the judge and jury may take it into account in
judging the credibility ofthe wimess on his evidence as
a whole and
the pmsecution and defence shall be entitled to refer to it in etarninins
or cross-examining a rvihess and in addressing the Court.

86. Where the only witness to the facs ofthe case called Elidence ot
by the defence is the person charged, he shall be called as a wimess pj'son
---" charscd
immediately after the close ofrhJ evidence r., ,1. p-r."uiir"-

87. Where the right ofreply depends upbn the question whether Righr of
eYidence has been called for tie defence, th€ facr that the person rcply
charged has been called as a witress shall not of;tselfcdnfer on the
prosecution the right ofreply.

88. (l) The spouse or cohabiting partner ofa person charged Caljns of
witb anoffence relating to rape, abduclion offemales or otber sexual .Tot. o'
offences, may be calleJ as a .rritness either fr; ;. ;;;;,;;; ; ;:ii:.lif-
defence and without the consent ofthe prerson charged .ur.,
"".r,,
(2) Nothing in tbis Acl shall affect a case wlere lhe
spouse or cohabiting partner of a p€rson charged with an offence
may at corDmon law be called as a witness, without the consent of
that person.
 The Criminal Procedure .4ct 2024
18 No.

Hostilc E9. (l) A party producing a witness shall not be allowed to

$iglcss srd but he
impeach trii credibilit) by general evidence ofbad character'
pr6vious proves adverse
iDconsistani mav- in case the wimess. in the opinion ofthe Judge'
statament. or hosile- contradict him by other evidence. or, by leave ofthe Judge'
prove that he has made at other times a \ ritten statement inconsistent
with his present testimon)'-

(2) Where a witness under subsection (l)' uPon cross-

examination as to a former statemeDt made by him and inconsistent
with his present testimony, does not a&nit that he has made such
statement. proofmay be given that he did in fact make it'

(3) Proof $at the written statement of a witness is

the
inconsistent with his present testimony shall not be given unless
circumstances of the supposed wrilten statement, sufficieDt
to
designate the particular occasion' is mentioned to the wibess and
he ii asked whether or not he iras made such wdften statement'

(4) Awimess may be ctoss-examined as to previous

$atements made by him in writing or reduced into writing'
withoul
such writing beini sho*r to him unless the written statement is

inteoded to contradicr such witness.

(5)A tritten statement intended to cbntradict a witness

under subse€tion (4), shall not be giveq rmless -

(a) the attention ofthe witness is called to those

parts ofthe writing which are to be used for
the purpose ofso conradicting hirn; and
(b) thejudge is able, at any tirne during the trial,
to order reproduction ofthe writing for his
inspection and make such use of it for the
prl.'poses ofthe trial' as he may think ft!'

Circumstfrccs 90. A staleBrt made in a document shall be admissible in

criminal proceedings6 eYidence ofa Fact ofrvhich direct oral evidenca
sccondary
evidencc is would be admissible iflhe person who made the statemeDt is -
adlnissibl€.
No. 7 he Critninal Prccedure Act 2021 49

(a) dead or b1, reason of his bodily or mental

condition is unfit lo attend as a witness:

(b) out ofthe jurisdiction ofSierra Leone and it

is not reasonably practicable to secure his
attendance:

(c) ca"nor be found after all reasonable steps

have been taken to fmd him;

(d) does not wish to give evidence through fear,

provided that the statenEnt was made to a
police officer or some other person charged
with the duty of investigathg offences or
charging offenders.

91. (l) A statement in a document strall be admissible in a Admissibility

criminal proceeding as evidence ofa facl ofuhicb direct ordl er iderrcc
flr"n,.n,r.
would be admissible ifthe following conditions are satisfied

(a) the document was created or received by. a

person in the course of a fade, business,
profession or other occupation, or as the
holder of a paid or unpaid office; aad

(b) the informatioD conlained in the docrment

was supplied by a person ryheth,rr the maker
of the statement or a person who had or may
reasouably be supprosed to have had personal
knowledge ofrhe matters dealt with ir the
document.

(2) Subseclion (l) applies whelher the information

contained in the documeDt was supplied directly or indirectly but, if
it was supplied indirectly, only if;ach person through whom ir was
supplied received it-

(a) in th€ cours€ of a trade, business, profession

or other occupation; or
 The Crtminal Procedure Act 2024
50 No

@) as the holder ofa paid or unpaid office'

(3) With the excePtion of exp€rt reports' a statemenl

prepared for the Purposes of-

(a) a pending or contemplated criminal

proceeding; or

(b) criminal investigattons'

requirements
shall not be admissible under subsection ( I ) unless the
of that section are sarisfied or the Person who made the statement
time which has
cannot reasonably ba expected, having regard to the
elapsed since he made the statement and to all other circumstances'
to have recollecrion ofthe manen dealt with in the statement'

Admis5ibilitY 92. (l) In a criminal proceeding, rvhere a tape or video

of evidcncc
on iapa,
recording'or any other mareiial, whether produced or recorded
is
vidro mechanii'ally, eiectronically, digitally, manually or otherwise'
to
rccording or relevant to an issue in disPute, it shalt be oPen to either Party
film.
reola, such tape, videq. other form ofelectronic recording' or other
.rt.iiut to th. cortr and the same shall be received in evidence'
(2) In a criminal proceeding, where a map' photograph'
film, disc oi any form of comPutu inPut or output and any.other
material, wherhei produced or recorded mechadcally, electronically'
digitally, manually or otherwise is rclevant to an issue in dispute' it
.f,-att U" op"n to eitt er
Party to produce such map' photograph' film'
disc, computer input oi output or other material to the Court and the
same shall be received in evidence.

PART III - SUMMARY TRIALS

Triars in 93. A trial in a Magistrate Court shatl be conducted summarily

Magistrarc
in the manner and subject to the condilions laid down in this Pan'
Courts
 No, The Criminal Procedute Acl 2024 _(l

94. (l)
A Magistrate Coun shall sit to hear and deterrnine Coua ro
rhe charge in a room or place ro which the public generallv snaff ll1J.1
have access as far as it can convenientlv rh"L 'puDuc'

"oni"in
(2) Notwithstanding subsection ( I ), the Courr may make
an order for all fials relating to se\xal offences to be heard in camera
if it is satisfied thar it is in rhe interest ofjustice to do so.

95. Where a defendant conres before a Magisffale Court on Non-

a summons. warant, or otherwise, either originalty or on adjoummen! appearanc.'
then if the prosecutor, having had notice of rhe time and place of
prosecutor.
appointed for the hearing or adjoumed hearing ofthe charge, does
not appear, the Court shall dismiss the charge, unless for some reason
it thinks fit to adjoum or flmher adjoum the headng.

qi.Ifar the time and place appointed for the hearing ofa case, Appe.r.ncc
both the defendant and rhe prosecutor appear before the Magistrate 9lJ9rh
p*'"t'
Court it shall proceed to hiar and finally determine rhe chari".
9/. Where a defendant .loes not aDDear Dersonallv and Dleads whcre
guilty in writing under section 22, the Muiot t. Corrt ,uy OrT.:,
to determine the matter notwithstanding the absence of the ;|.:T.':liO
in *riting.
prosecutor.

98. (t) Redacted and un-redacted statements shallbe served Rcd&tcd and
on the defence by the prosecution within 8 days of the initial unrcdactcd
statements to
app€arance of the defendant, or, for such period, not exceeding 3 bc
scaved on
days at any one time, as the Court may determine, after the initial dcfeilcc-
appei imce of the defendanr.

(2) Where a defendanr inlends to raise the defence of

alibi, he shall give notice of it to the prosecution within l4 days after
receipt of an un-redacted statement under subsection ( I ).

99- (l) At the first appearance, the substance of the charge D€fcndanr to
or charges shall be read out to the defendant and he shall be a.k"d'if
he admits or denies rhe truth ofthe charge.
[#[d
picad.

t
t Na The Criminal Proced re '{ct 2021

(2) A Magistate Court shall record the exact words of

the answd to the charge made by the defendant atrd if th6 arswer
does not consist merely ofthe words "guilty" or "not guilty", as the
case may be, the Magistrate Court shall record its interpietation of
the ansuer and whether in the opinion of the Court it amounts to a
plea of guilt-v or nor guilry, as the case may be.

Procedure in 100.Where a defendaot admits the tmth ofthe charge, the

Magistrate Cowt may convict him or refi$e to accept a plea ofguilg
plea of guil\'

as it thinks fiL

HcariDg may
be adjoumcd
l0l. (l)The Magistrate Court may, at any time during the
hearing ofa charge, a joum the hearing for a Period not exceeding 3
days ifthe defendant is not on bail.

(2) An adjoumment ordered for any reason shall be made

to a cenain time and place appointed and stated at the time of
adioumment in the presence and heaing ofthe parties'

Cusaody of tO2.A Magistrate Court may, during an adjournment, according

dcfendant.
to the naturc and circumstaoces ofeach case ard subject to section
'7'1,-
(a) release the defendant on bail or cornmit him
by warant to a correctional centre or odler
place of detention or safe cuslody as the
Court thinks fit; or
(b) discharge the defendant on his entering into
',i recognizance with or without a surery or
sueties.
103. (1) A Magistrate Courl may, where -
appcarance of
defcndant rn
(a) at a time or place appointed by summons or
on the adjoumment ofa hearing, a defendant
aflca does rot appear, and, in rhe case of a
adjourrmcnt
sunmoos, it is duly Proved that lhe summons
rr-as served on the defendant within a
reasonable time before the time for his
appearance; and
No. The Criminal Procedure Act 2021 53

(b) the charge is not an offence punishable by a

term of imprisonment exceeding one year'
proceed with the h€aring and convict the
defendant in his absence, or re&ain from
doing so until he shall be brought before it.

(2)
A Magistrate Court may, set aside a conviction made
in the absence of a defend-.nt upon being satisfied that his absence
was due to causes over which he had no control and that he has a
good defence upon the merits.

(3)A sentence ofimprisonment passed tmder subsection

(!) sbalt be deemed to coirmence from the date ofarrest'

(4) A Magisrate Court shall, where, in its discretion' refrains

&om convicting in his absence, a defendant who -

(a) has not aPPeared; and

(b) is charged with an offence punishable by a

term of imprisonment not exceeding one )€ar.
issue a warrant for the arrest ofthe defendant
and cause him to be brought before it.

1O1. (l) A Magistrate Court shall, wh€re - Procedure

on piea of
not guihy.
(a) a defendanl does not admit the trurh of th€
charge; or

(b) the Court refuses to accePt a plea of guilty,

proceed to hear the prosecuior and bis
witnesses and other evidence. if any.

(2) The defendant or ;tis Cormsel may put questions to

each witness produced against him and the an'wer of the "'ibess to
the questions shall be part ofhis case.
 No. The Criainal Procedure Act 2A2.1

(3)Where e defeDdant does not employ a Counsel, the

Magi$rate Coun shall, at the close ofthe examination ofeach witness
for the prosecul ioi' . ask lhe def-"t nt whether he wishes l') put any
q estionr !- 'i!df wmess'

DefeFr- 105. (l) A Magistrate Cout shall. where al lhe closc ur 'hp
evidence in suPPort of a charge'-

(a) rle defendant or his counsel makes a no case

submission: and

O) it appea$ to the Court that the case is not

mad€ out against the defendanl suffrciently
to require him to make a defence, as to the
Particular chage,

acquit and discharge the defendant'

(2) A defendant orhis counsel shall first make ano casr:

submission. under paagraph (a) of subsection

(l), and thereafter
shall repty and the defsndant or his counsel
the prosecufing counsel
shall rot be entitled to say an)thing fiIther'

(3) A Magistrate Coun shall, where at the close of

dlat the case
evidence in support ofa charge, it apPears to the Court
is made against the defendant sufficiently to require him 10 make a

defence, ask him ifhe -

(a) wishes to say an)'thing in answ€r to the

charge; or

O) has any witnesses to examine o' other

evidence to adduce in his defence, hear the
defendant and his witnesses and other
evidence, ifanY.
No. The Criminql Procedure Act 2021 55

(4) A Magistrate Court may, where -

(a) a defendant states that he has wihesses to

call, olher rhan an alibi wimess in respect of
u,hom notice should have beeD given but
they are not present in Court;
(b) tl,,: absence of the witnesses is not due to a
fault of the defendant; and
(c) there is a likelihood that they could, ifpresenr,
give material evidence on behalf of the
defendant.
adjourn the trial and issue process or take other steps. to
compel the attendance of such witnesses.
106- Wherr a defendant adduces evidence other than eyidence Evidcncc
as to character in bis defence, except with the leave ofrhe Court ,
in teply.

(a) the prosecutor may adduce evidence in reply

thereto bu1 shall not make observations by
way ofreply to the evidence adduced by the
defendant; and
(b) the defendant shall not make obsewations '
on evidence adduced by the prosecutor. in
reply.
107. (l) A Magisrare Court shall, wherc, befo"e trial upon Amcndmcnr
informationoratanystageofthetrial,itappearstotheCornsut-,orffo.r",ion

(a) the information is defective in a material

particular; or

@) the ;vidence discloses an offence other than

the offence with which the defendanl is
charged. rrake such order for the amendment
of the informalion as it thinks necessary to
meet the circumshnces of the case, rmless
having regard to the merits of the case, the
requLed amendment cannol be made withour
injustice.
 The Crimiial Procedure Act 2024
fi No.

(2) An order for the ametrdment ofthe information under

suUsection 1i ;, may be by way ofamenthnent ofthe
information or by
the substitution oi addition of a ne*' charge and on such terms as
shall seem to the Court to b€ jusl

(3) A MagisFate Court shall, where an information is

amended rmder subsection (l), -

(a) call upon the defendanl to Plead to the

amended informarion;

(b) at the request ofthe defendant, recall any of

the witnesses for the pros€cution, or for the
defence, for further cross-examination or re-
examination, as the case maY be

(4) Variance between the information and the evidence

adduced in support of it with resp€ct to the time at which
the alleged
offence was is not material, if i1 is proved that the
"Lrnmitt"a
,ras in fuct made within the time, ifany' timiled by law for
iniormation
is making.

(5) A Magist-ate Cowt shall'-.

(a) where an dmendment of an informatioD is

made under subsection (l ) or there is a
lrariatrce betw€en the information and the
evitlence as described in subsection (4); and

(b) il is of th€ oPinion that the defendant has

been t ereby deceived or embanassed allow
a witness to be recalled and further
questioned upon any matter releva to the
amended or varied charge and adioum the
trial for such period as may be reasonably
necessary.
Nu The Crimial Procedure .4ct 2021 51

108- (l) A Magistrate Court may, where at any stage ofa trial Order for
scparate Eial
it is of $e opinion that -
(a) a defendant may be prejudiced or
embarrassedin his defence by reason ofbeing
charged with more than one offeDce in the
same information: or
@) for any other reason il is desirable to dire€t
thar the defendant should be aied separarely
for any one or more offences charged in one
information, order a separate trial of an
offence or offences charged in the
information.
(2) A Magistrale Coun may, where at any sta8e ofa trial,
it is ofthe opinion that -
(a) one or more of the defendants may be
. prejudiced or embarrassed in his defence by
reason of being charged together with
another person or other persons in one count
or in tbe same information; or
(b) for any olher reason it is desirable to <iirect
one or more defendants should be ried
' tha-.
separately for any one ormore ofthe offences
charged on the information, order a separate
trial of that defendant or those defendants-

I09. (l) A Magistrate Courl shall, having heard the wimesses Dttermination
and other evidence adduced and submissions by the parties of "h*9"'
themselves or their counsel, consider lhe whole matter and finally
determine lhe case and either -

(a) coDvict the defendanr and pass sentence, or

O) caus€ a record to be made of the point or

points fo, delermination, the decision therein
and the reason for the decision.
 The Criminol Procedxre Act 2[24
58 No.

A Magistrate Court max at any time before the final

(2)
(
determination ofa case under subsection I )'
allow rh€ prosecutor to
against the defendant uhereupon such charge
*iitta.ot, -y
"fr"tg"
shall be deemed ro be dismissed

(3) Where a Magisttate Court colvicts or makes an order

asainst a defendanr i.o respecl of which an aPp€al lies
lo the High
inform the defendanl ofhis right to
i"ourr- the t tagistrate Court shall
or making the order'
appeal at the time ofentering the conviction

PART IV.COMMTTAL PROCEEDINGS

ll0.The Magistmte shall' v'/here a Person is before him charged

in
committal
proceedings.
with an ofience which is rriable exclusively by the High Coun or
the opinion of the Magistrate oughl lo be tried by the
High Cowt'
into tbe charge or charges alleged'
conduct committal proceedings
in accordance with this Part and the Second Schedule'

Commiral 1l A committal proceeding under seclion I l0' shall not

l. (l)
proceedinSs be held in an open or public Court and the Coun
shall' if the
not to be ofjustice will be served by so doing'
held in Magistrate thinks that the ends
to, or be, or remain in the
public. ordlr that a person shall not have access
proceedings are held without the
room or place where thc committal
express permission ofthe Court-

Reporting or publtcation ofcommittal proceedings is

(2)
prohibited excePt to the following exle -

(a) the identity of the Court and the name ofthe

Magistrate conducting the proceedings;
(b) the names, addresses and occupation of the
parties and wilness€s and the ages of the
defendant and witnesses but whele the
offence charged is one ofa sexual nature, lhe
names and addresses ofthe parties shall be
excludedi
No. The Crirninal Proced re .Act 2021 59

(c) the offence with rvhich the defendant is

charged or a summary thereof;
(d) the names ofcoursel and solicitoB engaged
in the proceedings;
(e) any decision of the Court to commit tbe
defendant or any of the defendants for trial
or otherwise,
(D the Cout to which and the charge on whicb
the defendant is commited or a sumnrary of
the charge, where the Court so commits the
defendant for trial;

{g) the date and place to which the proceedings

are adjourned, in the eYent of an
adjou$me[t; and
(h) any decision as to the defendant being
admined to bail or being remanded in
cuslod-v.

I 12.
A Magistrate shatl, at the initial appearance ofa defendant Proceedings

before a Magistrate Court on summons, w#ant or otherwise.- :il:*""

(a) cause the substance ofthe charge or charges
against the defendanl to be read to him in an
audible voice and in a language which he
understands and he shall not be required lo
take a plea;
(b) noti$ the prosecution and the defendant that

(i) the decision to commit the defeDdant

for trial shall be taken not more than 28
days after the initia! appeara4ce or at
such later date as may be permitted by
the Court;
 2024
The Crirninal Procedurc Act
& No.

(ii) the prosecution shall not later

than 14
'' committal'
days before &edate fixed for
fili in the Court and serve on the
defendant coPies of all l'ritten
satements of the witnesses whom
the
prosecution intends to call at the trial'
including those obtained from the
defendant and all documeots
logether
wi*r a lisr of all physical and material
' evitlence it intends to tender at the
cor nittalhearme:

of l4 days shall be ertended for a furrher

Provided that such period
ll].a-r-i .-"."aing 7 days if the prosecution makes such an
periodr
I;dhd; ;;;;;;e"expiraiion orthe said l4-dav
(c) inform the defendant thal -

(! ifafter service ofthe written statements'

documents and list referred to in
suupar'agaph (ii) of paragraph (b)' he
wrltten
wishes ro objectto the use of the
slatements' documents and physical
' and material evidence' he shall
do so'
not less thaD 7 daYs before the
date
fixed for the committal hearing by
filing
a notice to that effect in Cowt;

(i) ifhe wishes to give evtdence himsdfor

ro call witnesses in his defene at
the
proceedings' he shall' not
comminal
laler than 7 days before the date'Iixed
for the committal hearing' file
in the
Court and serve on the Prosecution'
the writen statemeats made by
himself
and his wimesses'
 Ntt The Criminal Pnxedure Att 2021 6l
(d) release the defendaDt on bail or remand him
in custody iD accordance with section 76

I t3 (l) On the date fixed for committal to the High Courr_ Slatcments to
bc provided.
(a) the prosecution shall make available and
produce and tender in Court, the \ riften
stateFeDts, documenB and the physical and
material evidence itemiscd in the list referred
lo in subparagraph (ii) of paragraph (b) of
section I 12;

O) the defendant shall. if he has so elected to

take the steps mentioned in subparagraphs
(i) and (ii) ofparagraph ofsection I 12, make
available and produce and tender in Court,
the rritteo statements made by himselfand
his witnesses.

(2) The committing Magistrate shall, -

(a) where a defendast elects ro uke or

not to
take any of the steps menlioned in
subparagraphs (i) and (ii) ofparagraph ( c )
ofsection 112; and

O) if satisfied that the statements jnd other

evidence as to the commission ofthe offence
or any other indictable offence, producad and
tendered as aforesaid, are sufficient lo put
the defendant on trialproceed tocommit him
for fiial.iD rhe High Courr. .

(3) The defendant shall- if on the dare fixed for the

commiual hearing, he has indicated iD the manner set nut in
subParagraph ( i) of paragraph (c) ofsection I l2 thar he \aishes lG
 No. The Criminol Proerdtre .4ct 2021
62

(a) object to any of the proseculion's writen

stal€ments, documents or other Physical
evidence, or
(b) cross-examine a wimess or witnesses' state
his objection or objections or cross examine
tJle wihess or wihesses on tha{ date'

(4) AMagistrate shall take down the objeaion made

raised
under subsection (3) but shall not determine any ofthe issues
in it ormake it forrn pa ofthe record.

(5) Where a wimess for the prosecution is called on the

-
application of$e dgfendant or his counsel under section I 12,

(a) the defendant or his counsel shall proceed

to cross-examine such witsress or witnesses;
. and
(b) the prosecution shall be entitled to cross-
examine any alibi u'imess called by the
defendant.

The evidence of a witness or wrtness€s cross-

(6)
examined under subsection (5) shall be recorded in the form
of a
deposition which shall be read over and explained to the witness or
witnesses in a language which the witness or witnesses understand
and witness or witnesses shall then sign the deposition if it is a
true
record ofhis evidence and attested to by the Magistrate'

(? A committing Magist-ate shall, where he is of the view

tlratthe evidence suf,ficiently shows the commission ofan offence
other than that with which the defendant is charged, inform the
defendant and record his finding in writing and conmit the defendant
for trial for that offence.

(8)Notwitbstanding subsection (7) $e defendant may'

al the close oflhe pros€cution's case, submit to the Court that there
is no case to answer.
No- The Ciminal Procedure Act 2027 63

(9) Where a defendant or his counsel makes a no case

submission, under subsection (8), he shall first make his submission
and thereafter the prosecuting counsel shall reply and the defendanr
or bis counsel shall not be enritled to say anyhing firnher and the
committing Magistrate shall decide rhere and ihen whether to
commit ornot and record the reasons forhis decision.

(10) The Coun shall, where it considers tbat the evidence

against a defendant is nor sumcient to put him on rial. forth\.r'ith
order him to be discharged as to the particular charge but the
discharge shall not be a bar ro any subsequent charge in respect of
the same facts.

I 14. A written $atement u*en by a police officer or a pmsecuthg

End*r"lD"n,
authority shall have the following endorsement at the top ofthe first on qritten
I)age - slalemc[ts.
(a) in the case ofa literate person -
''This statement consisting of -.....-pages
signed by me is lrue to the besr of my
knowledge and belief and I mak€ it
knowing thaq iftendered in evidence I
shall be liable to prosecurion if I have
. wilfully stated in it anything which I
know to be false or do not believe to be
mJe"

(This will be followed by the date, rhen

the statement and the person's signature
or thumbprint and the signature of fte
persol who witnessed the signing or
the affixing of the thumbprint.)

O) in the case ofar illiterate person-

6t Ntl' The Criminal Procedure Aet 2021

" This statement consisting of... . ...pages

bearing m-v tnark or marked by me was

made by me in the ...language
andinterpreted by an i erpreter and
was read over to me in . -.language, and
is true to tbe best of my knowledge
andbeliefand I make it tnowing that,
iftendered in evidence I shall be liable
to prosecution ifl have $ilfully $ated
in it anl,thing which I knowtobe t'alse
or do not believe to be true"

(This will be followed by the date, then

tbe statement and the person's
thumbprint or other mark and lhe
signature of the person who rvitnessed
the affrxing of the thumbprint or other
marl)

(c) in the case of a literate person who has no

limbs -

"This statemenl consisting of--.....pages

bearing my mark or marked by m6 was
made by me is true to the best of my
knowledge and belief and I make it
knowing thar, iftendered in evidence
I shall be liable to prosecution ifl have
stated init anything which I
wilfully
klow tobe false or do not believe to be
true. "

(This will be followed by the date, then

the statemenl and ihe person's mark
and the signatue of the person r,r'ho
wimessed the affrxing of the mark,)
i\_o. The Criminal Preedure Act 2024 65

(d) in the case ofan illite.rate person who has Do

limbs -

"This statement coosisting of .,..........

pagesharing m_y mark or marked by me
was made by me in the ..... -... . .languag€
and interpreted by aD interpreter and
was read over to me in the
.-.......language and is Eue lo the ben
ofmy knowiedge and beiief, and I make
it knorving that iftendered in eridence I
shall be liable to prosecution if I have
wilfully stared in it anlrhing which ,
know to be false or do not believe to be
true"

(This will be followed by rhe date, then

fhe statement and the person,s mark and
lhe signature of the person who
witnessed the affixing ofthe mark.)

(e) in the case ofa blind literate person-

"This stalembnt consisting of.. ...... pages

signed by me was made by me in the
. . . ...language and was read over
to me
in ...... Ianguage which I admit to be true
to the best ofmy knowledge and belief
and I make it knowing that, iftendered
in evidence I shall be liable to
ifl have wilfully staled in ir
proseculion
anyhing which I know to be false or do
not believe to be true"
 2021
6 No The Crimihdl Pto.:edure Act

(This will be fotlowed by the date' then

the statement and the Person's signature
or thumbprint and the signature of the
person who witnessed lhe signing or
the affixhg ofthe thumbPrint' )

(D iD the case ofa blind illiterate person-

"This sEtement consisting of-"" -pages
bearing mY mark or marked bY me was
made by me in the ' - - " 'language and
interpreted by an interPreter and was
read over to me in the "" language
which I admit to be true to the b€st of
my knowtedge and belief and I make it
knovving that' iftendered in evidence
I shall be liable to prosecution if I have
wilfully stated in it anyhing which I
know to be false or do not b€lieve to b€
true"

(This will be followed by the dare' tben

the statement and the Person's
thumbPrint or other mark and the
signat[e of the person who witnessed
the affixing of the thumbprinl or other
malc)
person-
(g) in the case ofa deafor dumb literate

"This $atement consisting of '--"Pages

signed bY me was made bY me in the
sign larguage which I read and admit
to be true to rhe best of my knowledge
and beliefand I make i1 knowing that' if
tendered in evidence I shall be liable to
prosecution ifl have wilfuIly stated in it
an)4hing $hich I know to he false or do
not believe to be true"
 \_o. The Cr;rninal Procedure Act 2t)21 67

(Tlris wili be followed by the dare, tien rhe

slatement and the person's signalure or
thumbprint and the signatr.ue oflhe person
who witnessed the signing or the affixing of
the thumbprint.)
(h) in the case ofa deafor dumb illiterare person-

,'
llis statement consisting of....-_.-pages
bearing my mark or maked by me was
madeby me in sign language and was
demonstrated to me in sign language
by an interpreler which I admit to be
true to the best of my knowledge and
belief and I make it knowing rhal if
tendered in evidence I shall be tiable
to prosecution if I have wilfully stated
in ir anything which I know to be false
or do not believe to b€ true,,
(This will be followed by the date, then
the statement and lhe person,s
thumbprint or other mark and the
signatue oftbe person who witnessed
the affixing of the thunbprint or olher
nak)
I t5. (l) Where a committing Magistrate decides tha! there is Comminat of
sufficient evidence to put a defendant on trial, he shall say to the defendant.
defendanl:
',Having considered the evidence, ,r, [:ffil:i,
commirted to the High Court sirting^*
at
........to stand rial for the offence of.......
Copies ofwriften statements arid depositions
(if any), th9 record of the committal
proceedings and any other document and
a list ofall physical and material evidence
tendercd in the Magisrrate Coun shall be
served on you before trial and you will be
enlitled to give evideDce and to call wihesses
at your trial, ,,
 The Criminal Procedure .4cl 2021
68 No

(2) The commining Magistrate shall, ifthe circumstances

of the case warrant lhe giving of an alibi warDing to the defendant'
say 1o the defendant:
'I must warn You that, if You intend to
. give evidence of an alibi or to call
witnesses io support of an alibi at the
trial in the High Court, you shall give
those particulars now to this Court or
io the prosecution not laler than 7 days
from the end of these committal
Proceedings' "

Ancillary 116. (l) A Magistrate shall, where a defendant has been

defendant
procesdings. commineatio the High court, by wan-ant, either admit the
to bail or send the defendant to be remanded in custody-

(2) A \,varrant of a Magistrate Cout shall be sufficiqrt

autt o;ty io ttte kceper of a conectional center apPointd for the
cu"toay'of in-ates commined for trial, although out offiej urisdiction
of such Court.

A \Yarranl of corunittal shall name the day' not later

(3)
and place ar
than 60 dayi after the date of committal, and the time
to
which the defendant is to appear before the High Couft in answer
U" ioaia-"", prefened against him. buttle committal for trial
shall

iot U" lrnuliaut"a ty reason only of a failure to comply rvith this

subsection.

Where rhe trial of a defendant cannot take Place

(4) on
the day nam€d on a warant, a Judge mai extend by endorsernenl
before
on the'warrant the time at wbich the defendant is to appear
the High Corm.

(5)A warant endorsed under subsection (4)' shall have

the like effed as a warant issued under subsection
(l)'
 No. The Criminal Procedure Act 2 024 e)

I 17. Section 107 shallapply in relalion to the amendmenl of a -.

charge brought against a defen{iant before a Magisrate Coun hohing
i.rtf}f
committal proceedingt
:lil::g.
118. Where a Magistrate is compelled to interrupt the conduct 6on1,no,n,
ofcommittal proceedings by sickness, absence or other sumcienl Magistralc.
cause. the ChiefJusrice shall appoinr another Magish-are to conlinue
the proce€dings and suc:. other Magistrate shall have the same
powers as the Magistrate rvho commenced the said proceedings.

I19. In the event ofa committal for trial, the written charge, Retums to be
written statements and depositions (if any), exhibits r e n d e r e d , rnad. lo trial
Coun ,nd rhe
record of the committal pro€eedings, the statement ofthe defendant, Altoiney-
the recognisances for bail (ifany), and any other documents relating Gencral and
to lhose proceedings shall be t"ansmitted within 14 days of comminal. Ministcr of
Justice
to the High Court and authenticated copies of the written charge,
written statements and depositions (ifany). list ofexlribits rendered,
record ofthe commitral proceedings and any other document relating
to those proceedings shall be transmitted to tbe Anomey-General
and Minister of Justice within 30 days of comniral.

120. A defendant who has been committed for trial shall be Privilege
entitled, without payment, at least 14 days before trial, ro bave ol persons
committcd
authenticated copies of the written stat€ments and deposirions (if
for rial.
any), record ofthe comrnittal list ofexhibits tendered and any other
document relating ro those proceedings.

l2l. (l) A Magisrate Court shall if during the course of a Proccdure

comminal proceedings it concludes that having regard to the *h€tc
circumsiances ofthe case, the offence charged is one which ifproved, defendant
conscnls to
can be suitably punished by a term ofimprisonmenr not exceeding 7 Jummaay
years or a fine not exceeding the marimum fine a Magistrate Cou{ trial
can impose, -
(a) ask the o-efendant whether he consents to
thecase being heard and de:ermined
summarily; and
 Thz Criminal Proredure Act 2021
70 No.

(b) explain to him the difference txiween the case

beiing heard summadly and being committed
to the High Court for trial'

A Magistab Court shall, where a defendant consents

(2)
upon him to Plead to the
to the caseieing deaii with summarily, call
ofthe summary mat
informarion and fx adate forlhe comJnencement
in accordance with Part lll.

BINDII.{G PROSECI-ITOR AND WIINESSES

BY RECOGNISANCE

A Magistrate Court' upon committing a defendant for

Prosecutor 122 O)
ard vitnesses -
lo enter inlo trid, a
(a) may bind by recognisance, with or wilhout
rccognisance '' t*"ty or sueties, as it may deem fit' the
prosecutor and every witness to appear at
ihe trial to prosecute, to prosecute and to
give evidence or to give evidence' as the
case maY be: and

Font 23 & 24 (b) notify the prosecdor and every witness that
in Schedule his or their personal appearance shall be
required on the day, not later than 60 days
aftir the date of comminal and at the same
time iniorm him or them ofthe co4sequences
ofsuch failure.

The Magistrate shall lx a date' not later lhan

7 days
(2)
after the date
or ut ,uch iate, date as circum$ances may determine'
to
of of the defendant for the Prosecutd and witnesses
e "o-rnittul
er into recognisances.

The Court may, where a person refuses to enter

intoa
Relirssl to 123.
rccogn isanc€
enter into recognisance under section 122, coinmit
him to custody

until afier the fial, unless in the meantime he enters rnto a

Schedlle ll relognisance, but if afterwards, fiom want of sufficient
evidence or
also order
oit.i"aur", tii" d"fcndant is discharged' the Court shall
discharged-
that rhe person in custody for so refusing' to be
No. The Criminal Procedure Act 2024 11

PROCEEDINGS UPON RECOCNISANCES

124. (l) Where the condition ofa recognisance entered into Forfciture
and lely of
is riot complied with, the Courr in or before wbich such condition rccogn;sanca
ougbt io be performed, may endorse thereon a certificate, addressed
to the SherirT oI other officer of the Court, sefting lbnh that such
condition has nol been performed, and if the amount of the
recognisance is not paid withiD 30 days afler service ofan order and
notice to do so, the arnount olthe recognizance shall be recoverable
by distress and sale ofthe goods and chattels ofthe recognisor.

(2) In default ofthe amount being recovered by distress

and sale under subsection (1), the recognisor may be imprisoned for
a period nol exceeding 60 days, but rhe Coun in or before which the
condition of a recognisance ought to be performed may cancel or
mitigale the forfeiture upon such terms and conditions (if any), as
the Coun may think iust.

(3) The Court may, where it is made lo appear, by

infonnation on oath, that a person bound by recognisance is about
to go c'lr ofsierra Leone, cause him to be arrested and commit him to
a correctional centre until the trial, unless the Court shall se€ iit to
admit him to bail upon further recognisance.

125. The Coun shall maintain a Register ofRecognisarces wbich Regster of

sball include paniculars ofthe names and addresses ofrecognisors, r€cotnisance
the date and place at which their appearance or personal appearance
is required and he consequences of failue to fulfil the obligarion.

PART V.INDICTMENT AND TRIALS IN THE ITICH COURT

t.(t) An indictment charging a person with aD offence Preferment

triable in the high coun may be preferred where - ,on|,",,,'"n,.

(a) therc has been a committal for fial in rhe High

Court consequeDt upon conrmittal
proceedings in accordance wirh Part fV;
 The Criminal Proeedure Act 2024
72 No
the written
' pursua to an application'
O)
ofa Judge has been obhined;
"on."ot
(c) theAttomey4eneral and Mini:ser of Justice
has filed an ex-officio informalion;

(d) Anti-Comrption AcL ?008 authorises tbe

the
ADti- Corruption Commissioner to do so'

Where a defendant has been commiued for trial'

the
(2)
for or in addition to
inOictrnent may include eilher in substiotioa
any counts
corntrcharging ttte offence for whieh he was committed'
;;;;;;"; tt evidence disclosed in the wrifien statem€nts and
i"po.i itrt, being counrs which may be lawfully .loined in the
same

indicErent.

(3) An application shall be made for-

(a) the preferment of an indictment under

ParagraPh (b) of subsection
(I ); or

O) awarrant of arrest for a defendanl in respect

of whom an ex-officio infomlation is hled
' under paragraph (c) ofsubsection (l)'

INDICTMENTS

Condilions 17l- (l ) Subject to section 126, an indictment charging a person

for filing of
indictmcnts
lrittl,otf.n." t iuble before the High Courr may be prefened by.a
may be lawfully
person before a Courl in which $e person charged
indioed for that offence-

(2) A Law Officershall' where an indictrnenl hT be"1

and discharged
oreferred. unles tt defcndant has b€en acquined
" proceed accordingly:
Iri. t"",i., 142, sign the indictnent and
No' The Criminal Procedwe Act 2021 73

(3) Notwithstanding subsection (2), a Judge may, on the

application of the prosecutor. direct a Law Officer to sign the
indictment and tbe indictment shall be signed accordingly.

(4) This section shall not be construed so as to derogate

from the porvers conferred upon the Attomey-General and Minister
of Justic€ by section 64 of the Constitulion and on the Director of
Public Prosecutions by section 66 of the Constitution aod section
45.

l2E. An indictmcn! when signed, shall be - FiliDg of

iDdictments
and its effects.
(a) filed in rhe High Cout:

O) equivalent to a statement that all conditions

required by law to constitute the offence
charged and to give the Court jurisdiction,
have been fulfilled.

129. The Registrar or any other person directed by the Court Endorsernent
shallen lorse on or annex to an indictmenl and every copy of the
-
,onto,",r"n,..
indicElent to be delivered to rhe Sheriffor Deputy Sherifffor sewice ---
on a defendanr, a notice oftrial, which shall be in the following form
or as near thereto as may be-

"A.B. TAKE NOTICE tbat you will be

tried on indictnent, at the High Court
sittingat.........-.- on the.... day of
... -. -..,..., 20-,.", whereofthis is a Eue
coPY'

130. The Registrar or other appropriate officer shall deliver or Copy of

indictmcnt
cause to be delivered to the Sheriffor Under Sheriff, a copy ofthe ard notice of
indictment with the norice oftrial endorsed on it or annexed to il, trial to bc
and ifthere are more parties charged than one, as maDy copies as ddivcrcd lo
SheriIf.
tbere are partie s and the Registrar shall at the same time, fumish the
Shcriffor rhe Deputy-Sheriff *'ith copies ofall written sralements,
depositions and other documentary widence tendered or used during
the corffnitta! proceedings-
 The Crimhal Proce&te Act
2024
'71 NG

officer
l3l. 0) The Sheriff, DePuty Sherifor other ap-propriae
Time and u*rr-i.J uy him, shail, atei traving received a copy of the
mode of irJi"*"r,, ,ori"" oi oiul and lhe otber documents referredto to in
summoning t;;ri", ;J;, r;" defeDdant with the same and explain each
parties on l.f""a* dte naure"achand contents of the documents so served'
indicEnent.
The time limited for service oftbe nolice oftrial
and
(2)
filed -
the other iocuments shall be, in the cme of indictments

(a) pursuant to committal ptoceedings' be at least

7 days; and

o'
il.:::::r#r',fl:ffi'$'j;*;ljT#
such lesser time
indictsnetrt for Eial or within
as the Court may for good cause order

officer
(3) The Sheritr' Depury Sheriffor other appropriate
have been
shall, where the defendant is not in custody or shall ofthe
a copy
admitted to bail and cannot readily be found'
leave
indidment and ootice oftrial'together with the other documents
and if
vilh someone in the defendani's hJusehold for the defendant
to the outer or priocipal
none can be found, affix ttre copies and notice
accommotlation of the defendanr and if the
door of the known
on him at the
defendant is in custody, the same shall be served
correctional facility or lock-up where he is held'

(3)The period of7 orl4 days' as the case may be'

limited
may be
for service of the no"ice of trial and the olher documeds person
to a shorter period' \Yith the consent of the
reduced
charged'
officer
REturn of I32. The Sheriff, Deputy Sheriff or other apProPriate
other documents shall
sewing dre copy ofthe indicunent' notice and
Fom 35 in
Schedule lY io.tt Jitl tit" u t"tu- in the High Court Criminal Registry
 No. Ihe Criminal Procedure Act 2021 75

133.
The Court may, upon the application oftbe prosecutor or P6slponcment
the defence,ifit considers that there is sufficient cause for the dclay, ofr€spiting
trial
postpone the trial ofa defendant to be held at a time and place to be recognisarcas
named at the time of granting such postponement and respite tbe
recognisances of the prosecutor and v',ititesses, in rthicb case the
respited recognisaDces shall have the same force and e1Iect as fresh
recognisances to prosecute and give evidence at an), such
subsequent date would hi,;c had.

ARRAIGNMENT

134. A person to be tried on an indictment shall be placed at the preading ro

bar unfenered, unless the Court shail see cause to order otherwise indictrnen!.
and the indictment or charge shall be read to him by the Regisrar or
other officer ofthe Court and explained, ifneed be, by the ofiicer or
the interpreter ofthe Coun and such person shall be required to
plead to the indictroent, unless he objecrs on the basis ofwant of
service olGe indictment and in which case, the Court shall
ascertain that he has not been duly served.

135. (l) A person shall, bl,pleading generally the plea of- Effect of
plea
(a) of not guilry
"Dor guilty". be deemed to have put himself
upon his trial; and

(b) autrefois convict or autr€fois acquit, it shall

be sufficienr for a person to state that he
has been la*filly convicted or acquiued, as
the case may be. of the offence charged in
the indictment.

(2) Affer a plea uf not guilty it shall not be open ro a

defendant, except with the Ieave ofthe Coud, to object thathe is not
properly upon his trial by reasi,n of some defect, omission or
irregularity relating to or arising out ofthe process leadi)g to his
trial.
 The Criminol Prccedure Act
2024
'16 No.

The Court shall, wbere a defendant stands mue

orrefuses
136-
directly to the-
defendant
rci$cs io
tr .e"son of menral or physical disability to answer
is of
u ablc to iaii** untess it has reason ro believe that the defendant
his A1fe1e;
plead. *$r"O .ira
and consequentty incapable of making
,i" n"git*, to u plea of not guilty on behalf of the
"J"r "nti,
plea ,o .,tti"d shall have the same force and
il;;il ani the
* lttf" a"f."dant had actually pleaded not guilty' but ifmnd
the
"t " has reason to believe that the defendant is ofunsound
Court
o'r pty"ilf.Ci""fly aisurbed, i1 shall Proceed in the manner pr€scribed
in section 71.

Crnduct and (l)

Prosecurions on indictrnent in the High Court
137. shal! be
precedcnce of conducted by a Law Officer or a legal practitioner'
prosecutions.

(2) Indictnents signed by Law Officer' oth€rwise lhan

a

at the instance of any other person, shall have

prioriry ofhearing and
by the Law Offrcer and
stratt Ue hearA ln ttre order they are presented
shatl be not be empanelled or selected for
such
u irry oiu*.ttott
case unril it has been so presented'

Defcndanl lo 138. (l) Where a defendant commined for trial in fie High
imprisonment is
be rclcased Court for *'offence for which the sentence is life
on bsil or date ofhis committal' he shall'
disch&ged if not put on ttiuf *itf,in 90 days after the
by way ofmotidn made
nol tried iiin'u lo..".tior"t cenrer, on his application
$ithin day thereafter' be admitted lo.
a
on tft. fast aay of tuch period. or any
certain Period Coui on oath' bel-ore the end ol
bail unless it is made lo appear lo the
anv of them
ti," eO-auy p.tioa that thiprosecution witnesses or
ni fr*. been brought trefore tbe Court or for some other
"lufa
reason.

(2) Where a defendant on trial in the High Court for an

off"o"" oih., than an offence for whiclt the Penalty is lilt
imfri.o*"nt i, oot tried by rhe end of the I 80 day period after the
a"i"ta-Jt n^, upp""r-"" in th" High Cowt, he shall' be entitled
oi ,fr" tftf,e I 80 days period to be acquitted or discharged
"*pl*ri.,
unless the Court sees good reasol to the conEary'
 No. The Criminal Procedure Act 2024 77

MODE OF TR1AL
139. (l)
A person charged with a criminal offence at the High Iuode o, rriat
Coun shall be tried by the Court with ajury consisring of l0 persons.

(2) Notwithstanding subsection (l), a person charged

with a criminal offencd at the High Court may elect to be ried or be
ordered to be tried by -

(a) the Court with the aid of assessors in

accordance with section 140; or

(b) a Judgealone in accordance with section 14l

and section 142, respeclively.

140. A person charged with a criminal offence at the High Court Trial bv
other lhan murder or aeason may at the time of being committed or
iljc":Jl?
referred for trial or at any time thereafter up to 2 clear days at least asse<sors
before rhe trial of such person whether he had previously elected
otherwise or not, elect to be tried by a Judge with the aid ofassessors
and ifa person shall so elect he shall be tried by a Judge with the aid
of assessors instead ofbeing tried by Judge and jury.

l4l. Not withstanding anything coutairred in subsection ( I ) of Trial bv

secrion 139, the Attorney4eneral ani Minister of Jusrice may, iih" b liic":JJ#
ofthe opinion that the general interest ofjustice would be served, at q1 Alssrnsy-
tle time ofbeing committed or referred for trial or at any time thereaftq General and
of
up to 2 clear days at least before the trial, make an apptication to fiffitt
the Court for an order, which shall be made as ofcouse, that person
charged wirh a criminal offence at the High Court other than murd€r
'or heason, shall be tried by such Coun wfth the aid of assessors or
by a Judge alone, instead ofby a Judge and jury.

142. A person charged with a criminal offence at the Higb Court Trial by
other than mwder or treason may ar thc time of being commined or Judgc alone
referred lbr rrial by rte Higr, corn or a;;i ;;ffi;;ft;;;ir, :l ;5::'r*,
clear days at least b€fore the trial, ele{t to be t ed by a Judge alone
and if a p€rson so elects he shall b€ tried by a Judge alone instead of
being tried by a Judge and Jury and h every such trial by a Judge
alone, the Judge shall record in writing his decisions and reasons
therefore.
 ?.021
NG The Cr;minal Procedure Act
?8

h a criminal offence at$eHigh

143- (1) A Person charged w
Change of who has elected to be uied by a
election. Court other lhan murder or treason' section
;;# #; ;;; of beins tried bv a rudse and Jury under
bv Judge with aid ofassessors'
iriri#, "i.**;; electto'be ried the a
expired'
;..ne;";; t,is election before time altowed has the case
ofelection shall have no effect and in
;'i;;r;;;;-h;"ft-*;
"rU".*i..llt aie charged jointlv' if thev have all elected in
;:ffi#; ffi ;o"lall change their election in accordance witr,
a-z t"L *ta uv a Judge alone'
thev shall

;:;;;;;;;;v
this section.
ifone
(2) ofpersons who are chargedjointly'
ln the case
.t."tta in accordance wit'h section 142 ro
^' -^'. ,h:;'.r;;iii tluu. withdrau
;;;b!;lrd-";ith the aid of assessors' he or thev mav
alone provided this
il;il;til;ffi "lect
10 be tricd bv a Judge
allowed has erpired
.ii-.li.i*'- is made before ihe time
,rt. .ttunge ofelection shall have no effect'
oir,.,irit"
jointly if they
(3) Where 2 or more persons are charged
ofassessors
dn not uI iiy to be tried by a Judge with the aid
"1""t rhev shall h€ tried bv fie court with a jury'
;;;;;l;6.'rbr",
or at any stage of
Order for tM (I )
Where' before trial upon indictment
defective in a
amendmenl ,n. J'r'. liuoo"ar"-to the Coun thaithe indictment is
or the evidence discloses an offence other
of indiclment. than
;;;pai'fi; fte Court rhall
ti..C.,l* *,f, the defeDdant is charged'
"f,ich th€ indictnent as the Cout
rnuf." .u"i ota"t f", tle amendment of
,iiJ. a *eet the circumstances ofthe case' unless having
"*...".y of tl,e
;;;;;; il;;,. the *quired amendments cannot be
"ase,
made without idustice.

(2) An amenclment under subseclion (I )' shall -

(a) be made upon such terms that the Court

thinks
jusq and

(a) include the addition, substitution or deletion

of a count ifthe evidence so warrants-
No. The Criminal Procedure -{ct 2021 19

(3) Wlrere an indicrnent is amended, Court shall -

(a) endorse a note oftie amendment on the

indictrnent and the indictsnent shall be treated
for the purposes ofall proceedings in
connection with the indictment as having
been filed il the amended form; and

(b) call on the defendant to plead to the amended

indictment.

(4) Where an amendment ofan indictrnent is made under

subsection ( t) and the Coun is ofthe opinion that the defendant may
be prejudiced or embarrassed in his defence by reason of the
amen&nenr, the court may allow any witless to be recalled and filrther
questioned upon any matler relevant to the amended indicone .

145- (l) Where before a trial upon indicunent or at any stage joint
Ordcr for
trials.
of&e trial the Court is ofthe opinion that a defendant charged with
more than one ofI€nce in separate indictments, may not be prejudiced
or emb;rrrassed in his defence by reason of being charged in the
same indickDent with different counts or that for any other reason it
is desirable to direct that one or more of the offences be triedjointly
in the sarie indictment, the Court may order the joint trial of tbe
offences in the same indictment.

(2) Where before a trial upon indictnent or at any stage

of the trial the Coun is of the opinion that one or more of the
defendants cbarged in sepamte indictments, may not be prejudiced
or enbarrassed in his defence by reason ofbeing charged together
with another person or other persons in a count or in the same
indictrnenr or that for any other reason it is desirable to direct thal
one or more defendants be triedjoinrly, tlle Court may order the joinr
rrial of the defendants.

(3) Where an order is made under this section, the Court

shall order -
 Nc The Criminol Procedure Act 2071
80

(a) the discharge ofthe defendant or defendants

in respect ofthe earlier indictrnefits;

O) that the prosecudon files a Aesh indichent

and serve on the defendaut or defendants
witb a copy or copies, not later than 7 days
fromthe date ofthe Order; and

(c) that the trial shall contmence de novo

Order for 1,16. Where before a trial upon indicunent or at any stage of
scparate
the trial the Court is ofthe opinion that -
rrial.
. (a) the defendant may be prejudiced or
embarrassed in his delence by reason of
being charged with more than one offence in
the same indictment or that for any other
reason it is desirable to direct that tbe
defendant should be tded seParately for any
one or more of th offences charged itr the
indictrnent, the Court may order a seParate
trial of anY count or counts of the
indictment; or

(b) one or more of lhe defendants may be

prejudiced or embarrassed in his defence by
reason of being charged togelher witb
another p€rson or other persons in one count
or in the same indicunent or that for any
other reaso! it i! desirable to direct that one
or more defendants should be tried separately
for any one or more ofthe offences charged
in the indictmenl, the Court may order a
separate trial ofthe defendans.

ordcf for 147. where before a Eial upon indictment or at any stage of
3i';1":*"'-l the &ial the cowt is ofrhe oPinion that the postponement ofthe trial
ofthe defeDdant is expedient as a consequence ofthe exercise ofa
powerofthe Court under this Act. the Court shall make such order as
lo the postponemeot of the trial as apPears necessary.
 No. The Cnminal Procedure Act 2021 8l

148. (!) Where an order of the Court is made u1de; 5edj6n toun may
146 fora separate trial or section 147 for postponemenr of a trirl- :1"1T*.
(a) iflhe ordsr is ma<le during a triat wi*u;rO llJY";ll
or rvith assessors, the Court may order that
the jury or assessors tie discharged liom
giving a yerdict or an opinion, airhe case
rrray be, on the count or counts on the
indictsnent or the trial ofwhich is posponed;
and

(b) the procedure on the _

(i) sepamte trial ofa count shall be the same

in all respects as if the count had b€en
contained in a separate indictrnenti

G) separate trial ofa defendant shall be the

same in all respects as if the defendant
had been charged in a separate
indictment; and
(iii) posrponed rrial shall be the same in all
respects as if the trial had not ,
. commenced:
provided thar the jury or assessors, if any, have been discharged;
(c) the Court may make an order admining the
defendaDt to bail and for the enlargement of
recognisances or otherwise, as the Court
rhioks fir.
(2)
The power ofthe Court under sections 146. l47and
t}is section shall
be in add;lion to and nol in derogation ofany orher
power ofthe Court for the same or similar purposes.

149. (l)A defendant may, at any time before sentence, whelher Motion rn
on his plea ofguilty or otherwise, move amotion in arrest ofJud.-.nr 9t..,
"f
on the ground thar rhe indjctment does not, after * u.*i-"ri "ott'n'
which the Coun has made and had power to make, state aD offence
which the Coun has power to try.
 7024
The Crirniral Procedure Act
& No.

the motion
(2)The Court may either hear and determine
or adjoum tbe hearing
fo, a.r"st o-fiudgrn"nt dwing the same siftinB
purpose'
to a futur€ lime to be fixed for that

the defendant'
(3) Where the Coun decides in favour of
trre aereniajnt b" dit"hu'gtd from the indictmenl' but the
;;;;;il;;a "iJloperare as a bar to anv subsequent proceedings
agahst him on the same facls'
gr^ound
Obj€ctiotls 150. A Judgment shall nol be stayed orreversed on the
was read to lne
cured by .rr * obiection,-which if suted after the indicEnent
amended
verdict.
;.ffifi;;;;;r;ii" p'ogrt" orrr't r'ial' might have been
wimesses
;;;;;;;;.; ;"cuuse oJ un i'fo'mulitv in swearing the
or any of them.

OF JURORS AND PREPARANON OF

-
QUALIFICANONS
]TJRORS' LIST
(2) a pqrson
Qualification I51. (l) Subject to the exemptions in subsection
in Sierra Leone
resident
U.*""n tt ug"t oi l8 and 70 years v{ho is
juror. " in English, shall be liable to sewe as aJuror'
and is literate
(2) subsection (l)' a person shall be
Notwirhstanding
exempted to sewe as ajuror ifhe is
a-

(a) Minister of Govemment;

O) Member of Parliament;
(c) Judge, Magistrate and a staffofthe Judiciary
or the Law Officers'DePartrnent;

(d) legal practilioner;

(e) medical practitioner;' dental surgeon'
pharmaciit, druggisrs' nurse and other
medical professional in acrual practtce;

0) oriest. deacon, imam or

other officiating
clergy ofa religion praclised in Sierra
honc:
(e) Mavor of municipali$- Paramounl Chicf or
a
Chairman ofa District or lrrcal council:
N0 The Criminal Procedure Act 2021 83

(h) diplomat" Consular ofiicer, salaried staffof

the Commonwealth- a foreign Government
or other recognised international body or
agency;

(D lecturer or teacher, during college or school

term;

f) pilot ofaircrafi and ofcargo cr passenger

ships in active dury;

ft) member of the Republic of Sierra Leone

Armed forces, the Sierra Leone Police orthe
Sierra Leone Correctional Service:

@ Managing Director,nnnager or persoDnel

of a bank carrying on business in Sierra
Leone:

Provided that in the case of personnel other than a Managing

Director, branch manager or other manager, not more than 6 persons
fiomany one branch of a baok shall be so exempted.

152. A person convict€d ofan offence, for whicb the penalg is frorn senrng
lifeimprisonment a sentence exceeding 5 years imprisonment or f
involving dishonesq,, shall be disqual-ifiJ d; ;.;il; ; j;ori','**n*-

153. (l) The Judiciary of Sierra Leone shall have a Jury Jury Service
Managemenl Office which shall be headed by a Jury Service M5nagcr may
cxcusa fiom
Manager appoiDted by the Judicial and Legal Service Commission. jury scrvice
(2) The Jury Sewice Manager may, in his discretion-
excuse a person from serving as a juror for such period as he may
deem fit, including a person who. -

(a) has served as a juror within the ;.,revious 3

' years;

O) is about to undergo surgery or otler medical

tieatment requiring hospitatisation;
81 No. The Criminal Prc.edure Ac, 2021

(c) is about to traYel abroad; or

(d) is engaged in full-tinre or pan-dme study in

an educational institution.

Roqucst to 154. (l)

A person liableto serve as ajuorshall, ifsummoned
be excused
from serving to serve as such but wishes to be excused, -
as a juror
(a) make a request to the Jury Service Manager
in the prescribed form not later lhan 7 days
after receiving the summons; and

tu) attach all r€levant documentation c€rtilying

or proving the need to be excused.
(2) A person making a request to be excused under
subsection (l), shall not be excused unless he has received' from the
Jury Service Manager, rhe requisite p€rmission to be excused'

(3) T.he Jury Sen'ice Manager shall, on receipt ofa request

under subsection (l), take into consideration all the circumstances
ofthe request including the -
(a) need to be excused; and

. (b) faimess, impartiality and the interesr of

justice.

(4) The Jury Service Manager shall nolify, in the

appropriate form-

(a) a person requesiing to be excused under

subscclion ( l), ofthe reason forhis decision,
not later than ? days after the receipt ofthe
request: and

(b) the appropriate authority or employer of the

person requesting to be excused of his
decision.
No The Criainal Procedure Act 2021 &i

RECRUITMENT OF JURORS

rs( TLa E i--.rerceneml,Narional Civil RegistrationAuthoriry subEission of

plectoir-<.1-J-i""-*r, e r..i.*l"cosrmission rhail
and the cirlef
:H["Id
submit, to the Jury Service Manag*- gr" list of the names and a"iaiir or
contact details of persons between the ages bra? rld 70 from the persons
population database and the Voters Register respecttr-h,-,* to,- Hd l8 'n
than 3 I st January in each year.

156. (l) The Jury Service Manager shall, not laterdmn 30 days selcclion of
on receip ofthe list submined under section 155,' l*':T'
jurors'
(a) examine the list of the names and coDtact
details of persons b€tween the ages of l8
and 70; and

ft) conduct a fair, indiscrimirate and impartial

selection, in ahhabetical order, ofpersons to
serve as jurors.
(2) The Jury Service Manager shall, in making the
selection under subsectioD (l), -

(a) take into account, lhe needs ofeach Court in

Sierra Leone: and
(b) ensure thar jurors selected 1o serve are
resident in that pan ofSierra Leone.

(3) The Jury Service Manager shall exhibit in such place

or places ashe may d€em fit or publish the names ofpersons selected
to serve as juroB nol later than 30 days after rhe conclusion of tbe
selection process.

157. The Jury Service Manager shall, mark offthe names '{a'.tt of
of persons suitable to sit as speclat.i'uror. n". p".t"rt t"r""t"a tt if,fj"liii"jj
serve asjurors under section 156. off.

158. (l)
Upon the exhibition or publication oftire list ofnanes obj€crion o'
ofpersoDs under subsection (3) of selecled to section 156, the JuU Ptlt"ll],o
Senice Manager sball - serve as jurors
 The Criminal Procetlure Act 2024
86 No.

(a) invite objections to the name ofany Pelson

appearing on the list of PeEons selected to
siwe asjuron, to be sent in t9 him not later
- rhan J days after rhe date ofthe exbibition
or Publication;
'1b)' consider each objectibn received under
paragraph (a) and give notice of the merit or
otherwise ofhis dec;sion, in the appropriate
form, not later than ? days after the receipt
ofthe objection; and
(c) delete the name or names objected to from
the list ofpersons selected to serve asjurors'
if he considers that the objection is of
sufftcient meril-

dissatisfied with the decision of the Jury

(2) A person
shall make
Service M'anager under paragraph (b) of subsection )'
(I

an applicatiorffor a review to the Chief Justice, in the appropriate

form, and the decision ofthe ChiefJustice shall be ftnal'
Publication
of li$ of
'l
The Jury Sewice Manager shall, not later than 7 days after
59.
pcrcons. giving his decision on all objections to the names of those selected
to serve as jurors -

(a) exhibit or publish the fmal list of those

selected to serve at such place as he may
deem fit; and

(b) notify each Person selected' in the

aPProPriate form, that -

(D he has been selecred; and

(ii) of his dghl to b€ excused from such

service and tlre marmer in wiich such
right could be exercised'
 No The ('riminal Prcce&re Act 2021 c7

_ 160. The Jury Sewice Manager shall make availableto the Chief proririo, ot
Justjce and each Judge sitting at any place in Sierra Leoue, with a fin6t tisr.
copl of the final list and he shall also rerain a copy ofrhe list for
record purposes and the list shall be open to inspection at any time
by members ofthe public.

16l. The jury Service Maaager shall, after the final list ofj1s615 Names of
has been settled, make avirlable to each Court trving criminal;ases_ Jurors to b€
'n.g-ii# p'n*ia"a
al the beginning ofeach calendar month or u, on.ri"r,l,.
ofthe Coun may require, the names ofat least 25jurors,

162. The Jury Sewice Manager shall, as soon as he has provided Sclcced
tbe names of the jurors under section I 6 l. notifi, each iuror selected ]rto^ ro
o' *"n'o
of the date and time on and at u,hich he shuti ,;p";,;;; p;;;;
Coun and the notice shall be served on the juror at least 7 days
before thejuror is required to present himself in Court:

Provided thal a person selecled to serve as a juror may request to

beexcused in accordance with section 159.

163. A person selected to serve as a juror under section 163 Tenurc of

shallserve for a minimum of2 consecutive trials in which hs i5 iuron
empaneledand thereafter, he shall be eligible to apply to be excused
for a period of3 years from the last day on which he served as ajuror.

164. A person who has been selected to serve as ir juror under sclecEd
section i 59, shall attend the Court or Court Buitdins to which he has jurors lo
beenassigned on pain of penalty and he shall remain arty Uo*O to ull
fr','jfld
attend on all days at which rhe trial or trials for which he has been
empaneled is or are adjoumed, until the end ofsuch trial or trials.

165. A j uror who, u/ithout reasonable excuse. the proofwhereof F'aiture ro

shall lie on him, fails to afiend tlrc Court or Cout Buildingto which he artend coun
has been assigned by lhe Jury Service Manager or who, having been
empanel€d to serve on a jury. fails to attend Court on an adjoumed
date. shall be in Contempr ofcourt and shall be liable to such penalty
as the Court may deem appropriate.
 202!
NG The Criminal Prccedwe Acl
88

The penalty to which a

juror is liable under section 165^shall
Coort to 166. and the court
impos€ ;";""r.0 ,',;;;! on an order made bv the Court
penalty on of sucb contenrPl
il*T"";,jil;; commit rhe Juror found Builry
Order. other place for the detenlron
;ft;;;; conectional centre or such
not exceeding oue month or 10 a
persons for a period
"i.r*i""0
;. ;;J;ttl or such larger sum as lhe
tlousuna lrones
prescribe'
ii';#;a;;;mi ee mav bv sra*tory instrument

the Courr is comminal lo a

167. Where the penalty imposed by
ot ott'i' pLtt for the deteotion of
convicted
arrest for
absenlee "".."i'i'"i"*
#:;;. ffi il;;"; is absent when such a penattv is imposed' the
julor. him before the
f# il#,.;;.;;""*t for his arrest so as ro bring
Court for the purpose of commitmenL
recoverable by
Fines ro b€ 168. (l) A fme imPosed by $e Coun shall be propertv of the
o,ro"."r; *i *i. o?'r" i'o"tuuit
by disrross und immoveable
ot by salc if thejuror wilhin 6 da)s ofthe
the fine is nor pard by
nerson so fined, to his
of propeny o ouv' ortt'e order being brought
L":;;:;;;;;;,;'*itt'in
,-ti.e. if th-e Order was made in his absence

under subsection (l)' shall be

C2) A warrant of disness
signed bY the Presidiug Judge

after execution of a warrant

ofdistress aird the sale
Jurdr lo be 169. \lltere the c-ourt has
committed lo :?"r't;;;;;nv. it'e wboie of rlre ture imposed bv
"f which imposed the frne may
Correctional
C€ntre.
I", UJ"^'frit, ilvered' the Coun
or o$er place for the detenhon
:;,i,il;lJo; ; " correcdonal centre 3 months.and juror a
:;Hil-.G;;* for a period notshallexceeding
no longer be eligible to serve
:;r#Jil;;tiona'l centre

as a Juror in a trial.

TRIAL WITH A JURY

whenever it is ne-cessary
Empan€ling l?0. The Jury Service Manager shall'
tdal' cause the names ofat least
th. jury. aft , u prr"f of1*ors to serye
at a
be wrinen on separate cards or
20 of Dersons selected to serve' to
uhich shalt te placed in a ballor box for
il:'Po.r#;;-Ji-,iisiztpanel olJurors'
th! purpose of forming a
No. The Crimital ProceCure Act 2$24 s,

l7l. The Registrar oftbe Court shall randomly draw fiom the Rasis&at's
ballot box- the cards or pieces ofpap€r bearing-tbe namesof at l.^, li?"'L,,",
20 of persons selected to serve until a panel of l0jurors have been ;urr
selected after all the just causes or challenges and any orallrequess
for a iuror lo stand aside. have been heard.

l?2. As soon as ajuror's name has been pulled out ofthe ballot successtul
box andcalled, he shall pr<reeed tothejury box or such otherplac. m l|[iffi,
the Coun room specifically designated forjurors to sir and occupy. seats.

173. A person shall not be eligible to serve as ajuror unless he Elisibility

has beeo selected iD the manner set out uoder this Ac1. crttcna

174. When thejurors are ready to be swom, the Registrar ofth€ Regist ar
Court or other officer designated by the Court for that purpose, shau :'.fednt:,i
address the defendant as follows:

"The jurors who are about to try ),ou are now about to be swom, if
you object to any of them. you must do so before thejuror objected
to is sworn and your objection shall be heard, but not thereafter."

175. There shall be no challenge to the array ofjurors but the Defendanls'
defendant shall bave the peremptory rigbt ro challenge not rno." lfiffi'v
than 3 Jurors without stating the red:son for doing so.

176. The defendanl shall b€ entitled to challenge fcr cause, any challenge
number ofjurors without limitation, but only on the following grounds for cause'

(a) presurned or actual partiality or prejudice in

the juror as standing in the relation of-

(i) spouse;
(D master or servaol;
6il Iandiord or lenant ;
(iv) victim or complainanr;
(v) plaintiffor defendant in a civil suit;
(vi) complainant or defendant in a criminal
proceeding;
 The Criminal Procedure .Act 2021
q) No

O) presumed or actual Partiality or prejudice in

thejuror entertaining prejudiced views on
the case to be tried:
(c) known personat impediment of a juror such
as-

(D hearing impairedness, blindness or

extreme short-sightedness;

(ii) medical or mental unfimess;

GD being below or above the age of

eligibil ity ;

' being convicted of an offenceofwhich

(rD
cu.ri". a Punishment life
imprisonment, PerjurY. involving
dishoDesty or carrYing a seotence
exceeding 5 Years:

(\) not literate in the Engtish language'

Pros.cution 17. The prosecution shall retain the commoD law right to
to retain request lhat ajuror be asked to "stand aside".
rd'
law rie.ht.
'r,'n' 178. A challenge for cause and request for a juor to stand
charlcflg; ro asitle,, if objected to by the prosecution' shall be
tried antl
be rlet#rrned a"i".-ir,"a tv tt Coun without a jury and the penon challenged
withour Jury'
Jall be examined" on oath and shall be requircd lo answer on oatl' all
lawfr{ questions relating to the u:ial ofthe challenge'

179. Th€ Coun shall, in the exercise of its discretion' decide

When Coun whether a jury should be kept together during an adjoumment
may keep previous lo the close of the Judges' summing up'
jury
togcther.
Where a t'ial is adjor.nrred, the jurors shall be required
to-
I 80.
Jurors to afiend at the adjoumed sitting and at every subseqrrent sitting until
allend tbe conclusion ofrhe trial
ad]oumment.
181. Subjecl ro section 182, a trial with a jury shall continue
 No. The Criminal Procedure Act 2021 9t

*ith less than.10 jurors but not less lhan 8 jurors in any of the Circum$ances
following Lircumstances, where - ahen jury
number is
(a) a juor dies; reduced-
(b) a juror is discharged by the Judge for -
(i) being absent because he has falleD ill
and his continued illness might cause
inordinate delay to the trial;
(ii) being ineligible to serve; or
(ii) any other lawfi.rl reason.

l&. (l) Where in the course ofatriminal dial, the numb€r of

jurorsis reduced to less than l0 jurors but not less than 8 under prosecution
section l8l, the consent in writing by or on behalf of borh the ard d€fcrci
probecrnor and the deGndant is required for rhe trial ro proceed and
,jirXll"t'"jr'
a verdict may be given accordingly. jurors.

(2) Where either th€ prosecutor or the defenda or each

defendant in a joint trial, refuses to give his consent as is required
under subsection (1),-

(a) ajuror shall be added and the jury re-swom; or

(b) thejury shall be discharged from retuming a

verdicr and a fiesh jury empaneled, totrytbe
defendant afiesh.

183. The verdict delivered by a reduced number ofjurors under

sections l8l shall remain valid as that delivered by l0jurors. Verdicr of
r€duc€d
numb€r
TRIAL WITHASSESSORS
ofjurors.

l&4. (1) Where a aial is ro be held witb rhe aid ofassessors, the
of assessors shall be selected Aom the list of persons marked as Scl.ction of
special jurors who are expert in a discipline relevant to the matter "s..$ot.
before tbe Coun. the number Dot being less than 3, to sit as assessors
and assist the Judge in rhe rrial.

(2) The defendant may object to an assessor selected

 2021
9) Nu The Criminal Procedure Act

refuse b -r^'! that a3""-

under subsection (I )' and the Court shall
I'TJ;H;;;;};iJ tt'" t"
oti""tion sub$antial and reasonable'

tbe decision ofthe Judge'

185. ln a nialwith thc aid ofassesson
bv
Dccision of ;;.";;i;; fr;; the rial which in tt'e case of a trialsame -jurv
force
Coun and ".
ffiil;ffi;ffi; decision of the jurors shall have
the
assessors. of jury'
anJ-effect as rtre t'mding or verdict
a

aidofassessoE'
186. (l) Where in the course of atrial withforthe
sufficient cause' rs
an assessor'
ut ui"v ,irni'prio, to the finding'
Trial to
procced
""''.L'";';:'. -""nding rkoughout the trial' the trial shall' with the
despire lii""'-. .t u'. pto.i.".,?- --a--r .r- aero*e- proceed with the aid
assessor o[the remaining assessors'
Ifti;i.
Gorn
(2)Wher€ 2 or more of the assessors are lrgr.nt{
the proceedings shall be shyed and
attending )Tubsenr themselves,
a new trial shall be held with the aid oftesh assessors'

(l) The Court may fiom time to time adjoum

a trial' if
187.
Adjoutnmenl necessary.

shall be
ln the event of an adjournmenllhe assessors
(2)
at eveq'subsequent
.eouired to anend al the adjourDed sining and
sining until rhe conclusion ofthe trial'

CASE IOR THE PROSECUNON

or by a judge
188. where in a trial by judge with assessors
or m rhe case or
Opening of alone, the defendanl has pleaded to tbe indictsnent'
case for thc given of lh,e]utiJ-l:
i"riu, i r.y. tr,. defendant has been T:halge
prosecution "prosecuii,on-shall open the case against ttre defendant and shall calt
witnesses and adduce evidence in
support of the charge-
there is a
169. (l) Where rhe prosecutor is ofthe opinion that
No. The Criminal Procedute Acr 2 02!t 93

material or lecessary witness in a trial, other than those meotioned Additional

on the back of the indictment, rhe prosecuror may call rhe witDess
on th€ bact
before the tfial Court upon giving notice of his intention to do so of
together with the wrifien statemenl of the witness indictment.
to the Registrar ofthe Court and the defendant.

(2) The notice of intention and the wrifien statement of

the witness shall be served on the defence not later than 48 hours
before the date onwhich the additional wihess is to give evidence:
otherwise, that witness shall not be called.

lm.A wibesses called for the prosecution shall be subject to

cross-examination by or on behalf of the defendant and to re- Cross-
examination on behalf ofthe prosecution axamination
of
proscculion
witacsses.
l9l. (l) A committal warrant duly signed by a Magistnte,
including a statement made by the defendant (if any) before the Commitlal
Magistrate, shall be tendered in evidence by the prosecution Uefore
lhe close ofthe prosecutionis case.
ffffij$

(2) Where a trial commenced without commitral

proceedings, the order of the Judge-

(a) giving his consent for the preferment of the

indictmert and arre$ ofthe defendaDt:
@) fixing the dare ofrhe trial; or
(c) for the arrest ofthe defendant and for lxing
the date ofthe trial in &e case ofan ex-officio
information filed by theAttomey-Generai and
Mini!ter ofJusrice, shall be tendered by the
prosecution before the close of the
prosecuti(;r's
case.
(3) Where a Court orders lhe joinr trial of offences
 No. The Criminal Procedure Act 2021
9r

charged in separdte indictrnents, or, for defendants charged in separate

indictnens, the order for the joint trial shall be tendered by $e
prosecution before the close ofthe prosecution's case' in addition to
the committal warrant or order of the
Judge made pursuant to secrion 126.

192. 0) Where at the close ofthe prosecution's case,-

Submission
of no case.
(a) in a trial by Judge andjury, the defendanl or
bis counsel makes a no case submission in
resp€ct ofa count or counts in the indictment
or the whole ofthe indictment and the Judge
is of the opinion that there is not sufficient
evidence that the defendant has committed
an offence of which he could be lawfully
convicted in respect of the count or counts
iD the indictment or the whole of the
indlcrment, the Judge shall forthwith direct
{he jury to enter a verdict of not guilty and
acquit the defendant in respect of the count
or counts in the indictment or the
whole of the indictmenti

(b) in a trial by Judge alone or a trial by ajudge

with the aid ofassessors, the Judge is ofthe
opinion that the prosecution's evidence in
respect ofa count or counts in the indictment
or the whole ofthe indictrent is such that a
reasonable jury properly directed could not
convict uPon ft, he shall acquit rhe defendant
in respect of the count or counls in the
indictmenl or the whole ofthe indictment

(2) Notwithsranding paragraph (a) of subsection (I ), the

Judge may. in his disctetion, directthejury to letum a verdict ofnot
guilty in respect ofa count or counts in the indictmenl'
No, The Criminal Procedure Act 2024 95

(3) Where a defendant or his counsel makes a no case

submission, be shall first make his submissions and thereafter
prosecuting counsel shall reply and the defeDdant or his counsel
shall not be entitled to say anythiDg firther.

CASE FOR THE DEFENCE

193. ( 1) At the close ofthe evidence for the prosecution, ifa no Judg€ ro
case submission under section 192 is msuccessful, or, has-not been inform
made, the Court delenjlt of his rieht to -
Yl.informthe ff'trffi
(a) address the Court; prosecurion's
tutt.
(b) give evidence on oath or by affrmation on
his orrrrr behalf;

(c) make a statement without being swom or

without affirming; or

(d) inform the Court that he has nothing more to

say or that he relies on the statement or
statements he has made to the police or
prosecuting authoriry.

(2) The Judge shall -

(a) inform the defendant that irrespectiye of

whichever of rle oprions in subsection ( 1 )
he chooses, he has a rtght to call wiae5565;
and

(b) record the oplion chosen by the defendant

and proceed in lhe mannet sel oul in section
194.

194. (l) where a d€fendant does not intend to call witnesses Evidence of
dtftnd-'
but intends to give evid€nce himsell, he shall be called upon t op",
his case and he shall proceed to give his evidence-
% No. The Criminal Procedure .4ct 2024

(2) \4/here,a defendant has stated that he inGnds to call

rvitnesses and to give evidence, he shall give evidence before
proceeding to call his witnesses.

(3) \Vhere a defendant intends to call witlesses but

does not wish to give evidence himself, he shall proceed to call his
witnesses.
(4) A u imesses called by the defendaat maSi be witnesses
as to fact {)r as to character.

(5) A defendant arld a witrEss callod by the defence shall

be subject to cross-examination by or on behalf of thc prosecution
and to re-examination on behalfofthe defence.
Addresses by
defence and
pros€cu1ion. 195. (l) Where a defendant gives evidence but does not call
wilnesses, the prosecutioD shall address the Court first and the
defendant or his coulsel shall thereafter address the Court.

(2) Where a defendant calls wimesses, the del-endant or

his counsel shall address the Court first and the prosecution shall
thereafter address the Cout.

Addresses by 196. $,trere 2 ormore defendants are triedjointly atrd oEe or

rnore ofthe defendants call witnesses, the order of speeches shall be
del€fidan1s.
th. same ar ifall defendents called v',imesses.

Defendant 197. (l)

A deftndant shall be entitled ro apply for the issue of
estitled to
compel
process to comprrl the attendance of a witness.
atterdaDce
(2)
,/r defendant shall not be entitled to an adjoumment
to secure the attendance ofa witness unless he shows that he could
Dol by reasonable diligence have takel earlier steps to obtain the
presence c,f the wimess-

Rebulting l9!. (l) The Court may, in its discretion, where-

(a) at the clme of the evidence for the defence;

or
No. The Criminal Pr<)cedure ilct 2021 y7

(b) evidence ofgood character has been given,

grant the prosecutor leave to call rebutting
evidence. where something has arisen ex
improviso. in the course ofthe defence.

(2) Where evidence in rebuttal is given by the

prosecudon under subsection (l ), counsel for the defence shall be
enlitled to comrnenl on lhe evideDce so giveD.

CLOSE OF HEARINGS IN TRIALS BY JURY

199. Where, in a trial by Jury the case oD both sides is closed, summing up
theJudge shall sum up the law and evidence in the case to rhe jury byJudge.
and the sum up ofthe law and evidence shall be recorded in writing
by the Judge, by a Court appointed stenographer or by electronic
device and such wriling or recording shall be made available to both
the prosecution and the defence on request in such form and for
such fee as may be prescdbed, to the Master and Registrar or the
Registrar ofthe Coun.

200 (l) Affer the summing up ofthe law and evidence under Jury to
section 199, the Jury shall rerte to ionsider their verdict. ::t#,*t
(2) A person other than a juror
shall Dol, exccpr with the
leave of
the Court, speak to or hold any communicarion u.ith a
mernber ofthe Jury while the Jurors are considering their verdict.

2ol. When the Jury trave considered rheir verdict, the foreman Delivery of
shall.inf6rur the Judge of what their verdict is or *'.t rr*y do a{ verdic!
unanlmous.

2O2. (l) Where the Jury are not unanimous, the Judge may where jury
requte them to retire for further consideration, il"J,*.*
(2) After such period as the Judge copsiders reasonable, the
Jury may deliver lheir verdict or state that they are not unanimous.

I
 Nl} The Criminal Procedure Act 2021

Verdict on 2o3. ( I ) Unless othenvise ordered by the Court, the Jury shall
each charge retum a verdict on all charges on which the accused is tried and the
Judge may ask tbem such questions as are Decessar) lo ascertain
whal their verdict is.

(2) The questions to the jury and the answers to lhe

questions shall be recorded.

Amending a 2O1. Wten by accident or mistake a \rrong verdict is delivered,

verdict. theJury may, before or immediately after il is recorded, amend the
verdict and the verdict shall stand as ultimately amend€d.

Aclion or m5. (t) where thc verdict ofthe Jury'is unanimous' the*Judge
verdict shall give judgment in accordance with thal verdict

(2) Where a defenda is found nol Builty, the Judge shall

record a judgemenl of acquittal.

(3) Where a defendant is found guilry, the Judge shall

pass senlenc€ on him acpording to law.

(4) Where the Jurors are not urlanimous in the'r lindings,

the Judge shall, after the lapse of time as he thinks reasonable'
discharge the lury:

Providedrhatthe findings ofa majority ofnol less than hao- thirds of

the Jury may in respecl o{ any offence, be held, taken to be and
rgceive.d byjhg Court as the verdict ofthe u'hole Jury. .'

Retrial by 206. Whenever the Jury is discharged under subsection (4) of

another section 205, the defendant shall be detained in custoo or released
Jury after
discharge. on bail, as the case may bc, and shall be tried by another Jury'
 Ntr The C rninal Procedure Aet 2024 I
CLOSE OF }IEARING IN CASES TRIED WITH ASSESSORS

207. (l) The Judge may, where, in a case tried with assessors, Delivery of
the case on both sides is closed, sum up the evidence for lhe opinion bv
prosecution and the defence and shall then require each of fl,.
*t""o"
assessors to state his opinion oralll and shall record their opinion
but the decision on which.the judgement is based shall be vested
exclusively in the Judge.

(2) The Judge shall then givejudgment and in so doing

shall not be bound to conform with the opinions
ofthe assessors,
but he shall record his judgnent in writing and in every case the
judgmenl shall contain lhc poinl or poinls for determination. the
decision thereon and the reasons for the decision, and shall be dated
and signed by the Judge at the time ofpronouncing it.

(3) Where a defendant is lound not guilry. rhe judge shall

record a judgrnent of acquittal.

(4) Where the defendant is found guilty, the Judge shall

pass sentence on him according to law.

CLOSE OF }IEARING IN CASES TRIED BY ruDGE

AI-ONE

208. (l) TheJudge shall. inatrial by Judge alon,. proceed to Judsment

deliver a wrineniudgmenr. jlffi"J*
(2) Where a defendant is found not guilty, the Judge shall
record a.iudgment of acquittal.

(3) \tr/here the defendant is found guilty, the Judge shall

pass sentence on him according to law.
 The Criminal Procedure Act
2A2t
100 No.

AIIOCUTUS

shall' where in a
Allocutus. 209. The Regisu-ar or other officer ofthe Court
the
.i*-;;irh a jury or with assessos or sitting alone
hag"
ask the
"r"i "
;;;;r-;;"; i"ffi guiltv oirhe defendanr pleads suiltv' shoulo
to why sentence
Jefendant whether he has anything to say
as

not b€ passed uPon him according to law:

shall have no eflecl on the

Provided that the omission so to ask him
validit) of the Proceedings'

EVIDENCE BEFORE SENTENCE

receiv€ such
Evidcnce 210. The Court shall, before passing sentence'
before
seDteflc€.
*ia.r." * it thinks fil, in order to inform itself as to the proper
seDtence to be Passed-

PARTVI-SPECIAL TR],ALS TRIAL OF COR?ORATIONS OR

COMPANIES

Representdtion 211. (l)In this Part' the expression "represen*t]"""

tnl:]1y
by the corporatton
of ,o u or.o*prnn means a person duly appoinled
an act or tnmg
coaporalion
.,. to i"present it for tbe purpose of doing
or company. "ornoan, dobut a person
*r'iJ ii. i.pt"t.",alive is by this Part auxhorised lo
be
m'"r0"-rnr"itl"n not by ;irtue only of being so appointed'
before a
;ffi;;;i;;"i on behaliof the corporation or companv
Court for any other PurPose'

(2) A rcpresentative for the purposes ofthis Part need

or company and a
not be appi-inted unier the seal ofthe corporation
t","."iiJ *rlti"g purporting to be signed by a managing director
person in control of the
of the corporation or company or by a
lc' the
*anun"rn"'* of the aflairs of the corporation or company-
been appointed as
;;";i;;i;" p.^"n named in dre stalement has
for the purposes oI
,f,.*rr.1.r"ii* "fthe
corporation or company
proof' prima facie
i}li p'"i trrrff be admissible, without funher as

evidence that that per:on has been so appointed-

 Nrl The Criminal Proccdure Act 2024 l0t

212. (l) Acorporation or company may be charged eitheralone Proccedings

orjointly with another person widr
an offeoce tdable on indictrnent or agaiDst
triablesummarily beforc a Magisbate Coult corporation
o, company.
(2) A representative may be on bebalfofa coq)oration or
company make a statement bfore the Court in answer to the charge.

(3) Where a representatiye appears, a requirement oflhis

Act that anything shall b€ done in the presence of the defendanr or
shall be read or said to the defendant shall be construed as a
requiremenl that the thing shall be done in the presence of the
representative or read or said to the representative.

(4) Where a representative does oot appear, a requirement

under subsection (3) or a requirement that the consent of the
defendanr shall be obtained for summary trial, shall be dealt with in
lhe same manner as ifthe defendanr u'as a natural person, but not for
the purpose of issuing a warranl for arrest-

(5) Where a persoo is chargedjointly with a corporation

or company with an offence triable on hdict nent and either that
person or the corporation or coDpany by its representative does nol
consent that $e offence should be dealt with summarily under section
6 ofthe Courts Act, 1965, the Cowt shall not have power to deal
summarily with the offence in the case ofthe other offender-

(6) Where a corporarion or company is charged with an

offence triable on indictmcnt or triable sumrnarily, the corporation or
company may, on araignment before the High Coun or on being
asked to plead by the Magislrate, as the case may be, enter in writing
by its representative a plea of guilry or not guilty, and ifeither the
corporation or company does oot appear by a representatire or
though it does so appear fails to erirer a pleao the Court shallorder a
plea ofnot guilty to be entered and the trial shall proceed as though
the corporation or company had duly entered a plea ofnur. guilty.
 '2021
102 No Thc (.rrminal Procedure Acr

213. (l) A corPoralion or comPany that is convicted,of,an

Fincs on that is prescnbec as
corporation offence shall. in lieu of a lerm of imprisooment
is prescribed' be
or company ii.-ounirhrnent for that offence or where no hne
the
iur.il" * ,-"*, ,rtat is in the discretion of the Court where
Eied sunrmarily' to a fine
o"ffii* JJ"uf" on indictment and where
within the jurisdiction of a Magistrate's Court'

(2) The proseculor may, where a fine imposed under

subsection (i) is not paid on the filing of the conviction:
f'l"l^ 1
iJ.r.",. ti. "-"rnt ofthe fine and costs (ifany) in the High Coun
'^.lIir"i ira**t thall be enforceable against the corporation or
ilrp""v ir r-rt. #e manner as if it werea iudgment .entered
in a civil
ift" corporation or company iD the High Coufi
"g"li"
proceeding.

with an offerce
Service of 214. Where a corPoration or company is charged
or olher
documents ,riiui. on irii"**t or summarily, an indiclment' summons
the corporation or company m
document requiring to be served on
*i r,,r; proceedings shall be served by leaving it at or
""""J"i
."rii""iil, *eitr.red posl to the regislered office ofthe.corPoralion
lr
.r. otlf ttere is no such oflice in Sierra Leone' by teavtng
place
company at a
,ir.iit"io"-
"orn-oanr. n o) post to *re corporation or
.irrrrilrr oiconducs its business in Siera Leone'
nua-.t

TRIAL OF CHILDREN
be apprehended
Trial of 215. A child accusedofa criminal ofience shall
Young Persons Act
a child. in ul"o.aunce with the Children and
-ioi.O t r,er enactnent for t}re time being in force relating 1
6"p i+j "t -y
the rial ofchildren.

AITERNATTVE
PARTVII. EXECUTION OF SENTENCES
SENIENCES

A rvarrant under rhe hand ofa Judge or

Magistrate.by
Aulhoriry for 216. (l) is carried
the sentence
carrying oul *h;; ;;it;; is sentenced, ordering that be sufficient
t'eone' shall
;;;; J;;ii"r"l centre within Sierra and to all other
y i" O" t""per of such conectional centrr'
"rrft"ti described in the warrant'
p"iao.t f- y-g-into effect the sentence
""t
No. me Criminal Procedure Act 2024 ICB

(2) Except where express provision is made to the contraryi

eyery sentence shall be deemed to conmencs from and to include
thewhole ofthe day ofthe date on which it was pronounced.

(3)The length ofa term ofimprisonrnent imposed by the

sentence ofa Court shall be Seatedas reduced by a period during
B'hich the persoD convicted was in custody before sentence.

217. (l) Where a Coun passes a sentence of imprisonment for Suspended

anoffence for which the lerm of imprisonmenl does Dot exceed 2 sentences.
years, the Court may Order that the sentence b€ suspended and thal
it shall not lake effect from the date of dre Ordel unless within one
year ofthe Order, the offender commits another offence punishable
wirh imprisonment.

(2) Where a Court suspends a sentence under subsectiotr

(l)and the offender commits another offence punishable with
imprisonment within the period of one year, the Court shall order
Ihat tbe sentence takes effed as ofthe date specified in that Order.

(3) The Court shall, on passing a suspended s€ntence-

explain totbe offender in ordinary language, his liability that ifdur ing
the suspetrsion period he commirs an offence punishable with
imprisonrnent, he shall be liable to serve the origihal term of
imprisonment iffound guilty at the
subsequent trial.

(4) A person whose term of imprisonment bas beetr

suspended shall be deemedto be sentenced to a term of imprisonment
for the purpose of any other law.

218. (l) A Cowt may defer passing sentence on a convictedl Deferr€d

personwhere tbe - scnlcnces'

(a) maximum s€ntence ofthe offence in respect

of which the person is convicted does not
exceed 2 years;
 2021
The Criminol Procedure Act
lu No.
of
(b) convicted person consents to
deferment
the sentence; and
to $e nature
acl Court is satisfied' having regard
and the character ano
of the offence
;;;;""t of lhe convicted P€rson' it
to exercEe
would be in the interest ofjustice
the Power'

(l shall-
(2) A deferment of a sentence under subsecrion )'

(a) Court-whichdate
b€ to a date specified by the
atter lhe qare
shall not be more than 6 monrhs
so sPecified; and

ln cases
o) not to be further deferred except
where the convicted Person is pregnant; or

the coDvicted person applies for

further
(c)
rcasons'
deferment for special or specilic

on a convicted
r 1\ \iy'here a Coun defers passing sentence
remanu
on lbe same occasron'
par*n *ia', ,uu*"tion ( I ), shall not'

him in custodY.
on a
(4) The Court shall' where rhe Dassing ofsentence
.on,i",.o |lrson'i, a"r'*4 o*t "i't'Jli"iiTl[1]*i,ilfl ilLti
ut whl'
oeriod ofdeferment' in a \f,ay
it had not defened passing sentence-

(5) Nothing in this section dealing with a deferred

the commission of an offence
..rrr"n". o}"i', ,".,ioo 2i0 dealing witb of -
shalt affect the Power
;il;il1;;;fuscharge'
(a) the lligh Court lo bind over a convicted
when called
person ro come up furjudgment
upon; or
No. The Criminal Procedtre Act 2021 1(b

(b) any Court to defer passing sentonce for any

purpose for which it may lawfully do so apart
from this section.

219. (1) The Coun may, where it defers passing sentence on a Funh€r
convicted person under section 2 I 8. call up the convi-cted person for eaiff j[-"
sentence before the end ofthe period of deferment, if during that sentence ,s
period the convicted pgrsoD is convicted of another offence. defetrcd

(2) The Cowt may, where it defers passing sentence on a

convicted person for an offenc€ committed durbg the period of
defermerrt, also, if this has not already been done; se ence the
convicted person for the offence for which sentence was deferred:

Provided that -
(a) a Magistrate Court shall not exercise the
power cooferred under this subsection ifthe
Cow which deferred passing sentence was
the High Coun;

O) the High Cout shall oot pass a s€ntence -

(i) which could not have been passed by

a Magistrate Court exercising that
Power; and

(D if the Coun which deferred passing

sentence was th€ Magistrare Coufi-

(-?) Where-

(a) a Coun has deferred passing sentence on a

conyicted person proposes to deal with him
under section 218, -

(D on the dare specified by the Coun

pursuant to subseclioD (2) of sectioD
218; or
 2021
r06 No. The Criminol Preedure Act

(ii) bcfore the end o f the period of de lerment

Pursuant to subseclion
(l): or
thc
(b) the convicted person does not appear on
date so sPecified. the Coun may issue a

summons ior rhe appearance or a wznrant for

the arrest ofthe convicted person'
passing of
(4) A Magisrate Court shall, in deferring the
senteoce rmder sectioi 2 I 8' be deemed to be exercising is powers of
pr.*"aings and accordingly is porvers in.relatioD lo-'
-
"Ji"r--i*
non-uppa*a" of defendans and wimesses shalt appty-
person
The power ofa Court to deal \^ith a convicted
(5)
d:al witl
*t o.. ,"rr,Jo"" t * been deferred includes the power to defered
;;;r;; person, in a wav in which the Court which
passing sentence could have dealt with him'

person
Absolure and 220. (1) Where a Magis[*ate's Court by or before rvhich a does
condtional lr.oiri","i-of * offence-for which the term of imprisonment
discharge. not involving
bv-isthe I{igh Coun for an offence
,"*;;;;;r";;
;;; i;;;;#;" or not oi a sexual nature' is of the opinion'
havine resard ro the cmrutrstances including
lhe nature .of the
.r,-acter of the offender' that is inexPedient
it to
,,ii."ri.
"ii,rt.
i"ni"ip*itf,t""r,, tt e Court may m'ke an order eilher discharging
him-
(a) absolutely; or

O) subject to the condition that he commitsno

'-
offince within 2 years from fte date of6e
order.

(2) An order discharging a pe rson undet q*agt"pl',-q)-:f

"Order for Conditlonal
subsection l)' shall b€ referred to as an
(
';;d;e period specified in the order for conditional
il;;;;;
;;."*& .iJI u" ,"r""ta to as "the Period of conditional
Discharge".
 No- The Criminal Procedwe Act
2021 lo7

_- (3) The Court shall, before making

coDditioDal discharge under subs.ctio,
an order for
person that if
be commis anothe, offenc"
( f ),
"xptairr-to
J.;;;;d;
conditional discharge he will be liable
ffi;;;;;;,il:;
for which he was discharged.
lo b€ *rr.r.;;;,f;;;;

(4) Where a peBon conditionally discharged is sentenced

for the offerce in respect oi which the
was made, $e Order shall cease
ord.. ir. c""aii.*iii."'frr*l
to have effect.

(5) The Court mav on making an

Ordcr for Conditional
D-s-char, ge-- rf it thint s ir rxpeJi.nt fo. tfrl pr.po..-of
person s relormalion, allow a person
th;;;;il.;
who con elfs ro a.r..r r^-.;J]
secunq, tor the good bebaviour of the
convicted person.

(O A Coun mav. on discharging a convicted

person
or condirionally. make an ordcr for cosrs againsl
lf::tr",,or.imnosing a disquatificarion on him
rhal
1111on
compensation or restitution "r;;;.;ii.
2, The Courr may, wLrgre if appean rhat
-. . -(rl.
respect ofwhom an Order for Conditionat
a person in Commrssion
Disctrarge tras be.r'|"a"
has been convicred of an offence
committed during the period "'ioff_."
;i.,
of S'nai,;or"r
conditional discharge issue - ".-;r;-;;;;;i::::f:""
discharge.
(a) a summons requiring that person to
aDDear
al the place and time specified in the
summons; or
O) a warrant tbr his arrest.

(2) A summons or warrant issued under

subsecrion r I I
shall dir€cr tbat the person tb whom l,
*tate. ;pp;;;;;;;rd_
for C"raf j,I#O".fr_g. ,i"j
before the Coun by which rhe Order
made.

(3) A Magistrate Coun

shall, wbere a person in respecr
:jlh"_- * Order for Condirional Discharge hast."";;;;;;;"

liel!ou1.is convicred Uy O. rr,ragirt

commifled during rhe period ofCondirional
t?-o_i;;';;.r*
Discharge, _
 Act 202.4
No The Criminal Procedure
108
release him on'
(a) commit him to custody or "
befor€ the High
bail until he can be brcught
Cout; and
to the High Cou a copy-of
the"
(b) send
and the Orderot
magisterial notes-or records
resPect of th^e
tbe Magistrate Court io
signed by the Regisrar
or orner
ton'ittioo
omcerofthe Court-
by
(4) Where it is proved to the satisfaction ofthe'Coun
*ni"r,"nblo.,io,l-oniitio*toi"t'-e';v1fl ?ffiTl*'"HI"::
in whose case the o'a"**
tuo"tjJia"i,#;i;i;.;rrs". Courtrhe
commined during the Period ot u' made' ma
which the order was
;;ffiffi;ffi. the offence for
"r deat with hlfl ifhe hadjust been convided by
*r, io *hi"h it.ould
or Lefore that Court ofthat
offence'

(1
Where a Person rn resDect
of whom an Order for
conditioriii oi,ir'*gt hus b"tn -adt by a Macistrate
"''+ 'c?un'"':
i",lr*i'il"t " *: :9{ :.:T fl',i;ff
Dischat :ffi HjJi'-l1;
Period ofthe CoDditional
;ilH il;;;;;Court'
"' "1in"n \ray I ff i: |ff$ff J'I'T:"#f;
:-:L'li' a
hv the Masisrate
:lJio';;.";H;i'i il' I r it tua j"t him or,ta1 offence'
"onvicted
an O1a*
(O Where a person in respect ofa whom 'f11
Conditioi Discharge ias b"en *ai" bv Magistrate coun rs
offence commined duru:-g
.'".rt*O'i, *"t'"' \i'agi't'ate Court of anorher Masistrale coun m'av'
'uiJ that
i'itaa,irt;;;*ionaiDischargc' order' deal withim'
il'n CI. the court wbich made the the
was made. in a way in which
[', * "*r*t i"r--r,ich the Orde. had
"f
of that
"i.""" with him ii ir lust convicted him
;;* .*iJ;;;;*ah
offence.
anorder'is made
Eff€ct of 2. (l) A conviclion ofan offence forwhich
dischalSe. *f,*"i"",i'oalchargmgadefendanl:::",]ffi*"'fl :ilIiH
a conr
shall be deemed not to be anl
the order is made andof
lr-t*, .iii. ot*eedings in which
ftfi;.;;;;;J;ii,g' *ii'h mav bc raken asainst the offender
\rnder this Act:
No. The Cridinal I'roce.lure Act 2A24 l@

Provided that Ehere a person aged l8 or over at the time of his

conviciion is sulisequently sentenced for that offence, he sball be a
convicted person.

(2) Mthout prejudice to subsection (l), the conviction

ofa defendant lvho is discharged absolutelv or coiditionally under
s€crion 220 shall ir any event be disregarded for the purP,oses of an
enacfinent which -

(a) imposes a disqualification or disability upon

convicted persons; or
(b) authorises or requires rhe imposition ofsuch
disqualifi cation or disability.

(3) Subsections (l) and (2) shall not affect-

(a) a right of a defendau discharged absolutely

or conditionally, to rely on his conviction
as a bar to subsequent proceedings for the
same offence; or

(b) the restoration of propeny- in consequence

of the conviction of such person.

223. (l) Where a person is convicted ofan offence for which communitv
the term of imprisonment does not exceed 5 years, the Coun by or
8:;;Lmcnt
before which he convicted may make a Community Punishmenl
is
Ordel requiring him to perfonn unpaid work including, working on
youth projects, old people's homes correctional and state farms,
cleaning public places, such as the House ofParliament, hospitals,
beaches and painting of public buildings and road signs, in such
manner aad for such period is the Court may think fit.

(2) The number ofdays which a person may be required

to work under a Community Punishment Order shall be spccified in
the Order and shall in the aggegate nor exceed 60 days.
ll0 No. The Criminal Procedure Acl 2027

(3) A Court shau notnake a CommuityPunislment Order

inrespect ofa convicted persLrn unless the Court is satisfied that -
(a) the convicted person is suitable to perform
the unpaid uork; and
(b) there is adequate provision fff the convicted
person 10 Perform the unPaid work.

The Court may, where it makes Community

(4)
Punishment Orders in respect of 2 or more offences of which a
defendant lras been conyicted by or before it, direct that the da)'s of
work specified in any ofthose Orders shall be concurent with or be
in additionto those specified in tlie Orderc. but such tbat the number
of days which are concurrent shall in the aggegate not exceed 60
days.
(5) A Court shall, before making a Community
Punishment Order, explain to the convicted person -

(a) the purpose and effect ofthe Orderl

O) the requirements ofthe Order;

(c) the consequences of failure to comply with

any ofthe requiem€nb ofthe Order; and

(d) tbc power ofthe Court to review the Order

(O A Court shall, upon the making of a Community

Punishment Order, give copies ofthe Order to the person convicted
and to the o{ficer or authority responsible for the supervision ofthe
Community Punishment Order.

Obliga.ions 24. ( I ) A Community Punishment Order made under section

uDder
Communily 223 shall sate that the convicted person shall -
Punisbmcnl
Order (a) be under the supervision and direction of
the officer or authority responsible for the
supervision of the Communit-v Punishmeot
Order;
No. The Crimtnal Procedurc Act 2021 1

(b) perfonu such work and for such period of

time as specified in the Community
Punishment Order; and
(c) notily the officer or autiority responsible for
th€ supervision of the Community
Punishmenr Order ofany change ofaddress
of the convicted person.

(2) A Community Punishment Order made under section

222 shall stale that the officer or authority responsible for the
supervision of the Community Punisbment Order shall, as far as
practicable be such as to avoid -
(a) conflict with the requirements of any other
Community Punishment Order to which the
convicted person may be subject; and
(b) interference with the times, if any, at which
the conyicted person normally works or
attends school or any othq educational or
vocational
training institution.
(3) Subjecl lo this AcL the uork required to be performed
wrder a CommuniSr Punishn)enr O'rder shall be performed within one
year starting from the date offle Order and unless othenryise reYoked,
a Communilv Punishmenl Order shail remain in force until the
convicted person has fully complied with the terms ofthe Order
'125. A Court may, where a person is convicted ofan offence Fine i, lieu of
imprisonment.
punishable by imprisorunent. othe, than an offence for which the
s€ntence is fixed by law, sentence that person to a fin€. in addition to
or in lieu of any other punishment to whicb that person is liable-

226. (l) A Courtshall, where upon conviction, it orders money Nolrce of

to be paid as a fine or as a penalry or as an alternative to a te.m ot flit i'
imprisonmenl. by the convicted person. by nolice in wriling, slale
the amounl ofthe penalty, the date on or before which payment is
required and the place or places and times at which payment may be
rnade and if paynent by instalments is directed, particulars of the
instalments.
'112 No nte Crir inal Procedure Act 2021

(2) The Registrar or cler* ofthe Court shall, where a Coun

orders money to be paid unCer subsection (l) and the conYicted
person is not present at the time of the conviction, as soon as may
Le thereafter deliver to that person or send by post addr$sed to
him
of residence, notice in rwiting stating the
at his last or usual Place a

amount of the penalty, rhe date on or before which palmenl is

required and the place or places and t nes at lvhich pa)anent may
be
made, and ifpayrnenl by in$almeDts is directed' particulars ofthe
instalments.

Order for U. Q) A Court may, where it orders money to b€ paid by a

payment of
convicted person-
(a) for tbe expenses ofhis prosecution; or
(b) by way ofcompensalion or otherwise. either
order immediatc payment. allow time for
palment or dilect payment to be made by
installments.

(2) Where the moDey is directed to be paid by

installnents and defaulr is made in tle payrnent ofany ore installment'
all i!.tallments then remaining unpaid shall become immediarely
due.
(3)
Money due x'6g1 subsection (1) miy be tevied on
the goods and chattels ofthe pc'son ordered to pay the money by
distress and sale under warrant and in att cqses i.o *bich a warrant of
distress is issued by the Cowt under this section the Coud mnv
either allorv the Pe6on to go fiee verbally o1 by warrafi
in lhat
behalf, order him to be kept in custody, for a period not exceeding 48
hours at any one time, until retum is made to the warrant of distress'

(4) A person ordered to pay money uDder subsection

(I) may pay or tender to the Bailiff or other duly authorised officer
havingthe execution ofthe warrant, the sun mentioned in the
warrant
togethL with rhe anounl of the expenses ofthe distress up to the
tirie oSaymenr or tender ard thereupon the otrrcff shall cease to
€xecute the warant.
No. TIP Ctihritial Procedure Act 2024 113

n3. Where the Bailiffor other dulv authorised oflicer having commirmenr
the execution ollhe warrant reports rhar he could not hnd gooor -o liirifl] "f
chatels on which to levy tle money mentioned in the warrant with
expenses, the Court may by the same or a subsequent warant corD[lit
tbe person ordered to pay, to a correctional centre for a period specified
inthe warant, not exceeding 48 hours at any one timb, unless the
money and all expenses of the distess, commitment and conveyaDce
to a correctional centre, to be specified in the warrant, are sooner
paid.

229. A Court may, where it app€ars that - Commitment

in Iie of
dislress.
(a) distress and sale olhis goods and chettels
would be ruinous to the person convicted;
(b) the person has no goods whereon a distress
may be levied; or
(c) there are other su{I-icient reasons, instead ot
or. after issuing a wrrrant ofdistress, commit
the person ordered to pay to a correctional
centre for a period specified in the w:-rant,
unless the money and all expenses of *te
commilment and conYeyance to the
correctional c€fire, !o be specified in the
warrant, are sooner paid.

230. 0) The Court may, in any circumslances in which it has

detertion
power. upon conviction to issue a warrant of commiunent to a in police
correctional cente in respect oflhe non-palment ofa fine or penalty, starion in
inlieuof issuing a warant of commitment lo a correclional centre, lieu of
imprisonmenl
issue a warrant ofdetention in a police station.

(2) A warrant ofdetention iD a police station issued under

subsection (i) sball authorise -
l1.l No. the Criminal Procedure Aa 2024

(a) the police officer holding dre warant, unless

the sum mentioned inthe warant, witb the
amount ofexpenses authorised in it (ifany),
is sooner paid and a duly authorised
receip is issued for that pu+ose, to convey
the person named in the u,arrant to a
appropriate police station and for that
purpose 10 arrest bim; and

(b) the officer in charge of a polic€ slation to

detain the person named in the wananr until
8 O'clock in the moming on the day foilorving
diat ot which the person narned in *re warant
is arresled under the warrant or, ifhe is so
arrested between mid{ight ard 8 O'clock in
the moming, on that day.

(4) The officer in charge ofrhe police station in which the

person named in the warrant is detained under this section may
discharge him a1 any time within 2 hours before 8 O'clock in the
moming if the offrcer thinks it expedient to do so ir order to enable
the person detained to go to his employment or for any other reason
appearing to the officer to be sutrlcient.

Stalemenlt 231- A statement in [ritiDg to the effectthatwages ofan amount

of wages to
be evideDcc. have been paid to a person ordered to pay during a period purporting
to be signed by or on behalf of his employer, shall be prima facie
evidence of the facts stated in the statement in any proceedijigs
takeD before the Court for the enforcement of the pa)nnert on rhat
person to whom the wages are stated to have been paid, of a fine or
pen3lly upon a conviction.

Palmenl ro 232. A person commited for non-paymenl may pay the sum
full ailer
commiimenl mcnlioned in tbe rvarrant. with the amounl ofexpenses therein
authorised (if any), to the person in whose custody he is aDd that
person shall thereupon issue to him a duly authorised receipt and
then discharge him ifhe is in custody for no other mafier.
No- The Crimiial Procedurc Act 2o2t ll-i

233. (l) \ltrere a penon committed to a correctional ceno'e for Part

non- payment has paid or shall pay a sum in pafl satisfaction oftbe !ili'"r
sum adjudged to be paid, the period ofhis imprisonment shall be commitmcnt
reduced by a number of days bearing as Dearly as possible the same
proponion to the total number of days for which that porson is
committed, as the sum so paid bears to tbe sum for which he is Iiable.

(2) The keeper ota correclional centre in *hich a person

isconfined who is desirous of taking advantage of subsection (l)
shall, on application being made by thal person, at once take him
before a Court, andthe Coun shall certify the amounr by which &e
period ofimprisonment originally awaded is reduced by such paymenr
in pan in satisfaclion and shall make such order as is required in the
c ircumstances.

(3) The Rules ofCourt Committee Rules shall by statutory

instrumeDt make rules for carr,ing out the provisions ofsections 228
to232 inclusive.

234. A commitment for non-paymenl shall not be for a longer I-imitation of

period than 6 months, excepl where the law under which the conviction ImPrrsonment'
has taken place enjoins or allows a longer period.

235. Where a sentence or conviction does not oraler the payment Dircct
rnprtsonm€nr
ofmoney bul orders that the offender be imprisoned, the Coufi shall
issue a warranl ofconunitrnent accordingly.

236. (l) A warrant to enforce the payment of money due in Addrcss and
respect of fines, penalties and forfeited recognisances shall be cxtcution of
sud'iciently addresied for execution by being diricted. in the case of*"t-'

(a) the Western Area to the Sheriff, Under

Sheriff- or Depu$ Sheriffl and

ft) the Provinces to the Assistant Shenff or the

Assistant Inspector-Generai of Police ofthe
Region.
r16 No, The Crimiul Procedure Act 2024

e) A warrant under subsection (l), may be delivered to

police officers for execution.

Enforcemant 237. A warrant under section 236 shall -

of warranls.
(a) be valid and effectual throughout Sierra
Leone, wherever the person against \vhom
the warrant is issued, or where goods and
chattels ofsuch person may be found; at{

(b) ifissued by a Magistlate Coufl, be enlbrced -'.*,

by a Magistrate Court in other Districts in
which the person against uhom the warralt
or goods and chattels ofthar penon, may be
found.

Procedure 238. A warrant to b€ enforced outside the jurisdiction of the

with r€gard Magistrare's Coun by which it was issued shall be forwarded to lbe
executcd aulhority prescribed in section 217 and be enforced and retumed in
outside tike manner as ifit has been issued oul ofthe Coun having.)urisdiction
jurisdiction within the District where the warrant is to be endorsed, and the
proceeds ofthe enforcement shall be fon 'arded to the Court out of
which the warant was originally issued.

DEFECTS IN ORDERS AND WARRANTS

Error or 239. A Court may at any time arnend a defect in substance or in

omission not form in an order or warrant and ar or eror as to time and Place, and
to affect
a del'ect in form in aD order or warranl given under this Act, shall not
legalit-Y or
cxecution of be held to render void or unlasdrl aD act done or intended to be
done by virtue ofsuch order or warrant; provided that it is mentioned
therein or may be infened thereAom, that is founded on an information'
indictment, conviction orjudgrtent sufficient to sustain the same.

PARTVIII-MISCELIANEOUS
-
Forms 240. (l) The forms set out in the Founh Schedule may be used
in all proceedings ro which they are applicable with such variations
as circumstances require and shall be valid and effectual for all
PurPoses.
No. The Criminal Procedure Act 2021 |7
(2) ln proceedings to which a form is not applicable, the
Rules of Court Commiuee may bv statuiory instrumeDt prescribe the
forms required for such proceedings.

241. The sealing ofan Order, sumnons or warrdm shall not !s lealine of
necessary in addition to the signatrue of the Judge. Magistrate -
ljl'Ji;.'jX,,,
Justice ofthe Peace by whom it shatl be signed, except in cases where n...i.nq,.
sealing is expressly direcGd by this or any other Act-

242. (l)A police officer ofor above the rank of Inspector orFiogcrprints,
the police officer for the time being in charge ofa police station shall. etc'
whenever a person is charged and prosecuted before a Coun with
an offence, whether the offence is to be tried summarily or on
indictrnen, or whether the person has or has not been admined lo
bail, cause to be bken for use and record, p h o t o g r a p h s.
measurements, thurnbprints. fingerprinfs or other scientific metiods
of identification ofthe person.

(2) Where a conviction ofthe pcrson is not follo\ ed as a

result ofor in connection witlL the prosecution, then, and in every
such case, the phorographs of the person shall, together with the
records of the person charged and prosecuted; measurements,
thumbprins, fingerprints or otier scientifi c methods of identifi cation-
be haniled over to him or ifthis is not possible. be desrroyed or may
be retained by the police.

(3) A police offrcer of or above the rank of Inspector or

the police o{Iicer for the time beirg in charge ofa police station shall
take all necessary action and to do all such things as may be
reasonably required for the proper and ellicient execution of this
section.

(4) A police officer 1ray, where a thumbprint or a

fiugerprint islikely to become an exhibit in a criminal case. take lor
comparison the thumbprints or fingerprinls or other biometric data
ofa person who is reasonably suspected of having made that
thumbprint or fingerprint.
 The Crintir.al Prucedure Act 2021
lr8 No.

(5) A person who refuses to submit to the taking and

recording of his photographs, measurements' thumbprints'
fingerprinl or other scientific methods ofidentification shall be tak€n
before a Magistrate who shall, on being satisfied that tle person-

(a) has been charged and prosecuted before a

Court with an offence:

(b) is reasonably susPected of having made a

thumbprint or fingerpriol I ikely to become an
exhibit in a criminal case; or

(c) has left on the scene of a crime or on a

document or tbing or a physiological or bodily
fluid or substance relevant to a criminal case'
make an order, as be thinls fit' authorising a
potice officer to take the measurements'
photographs, thumbprints, fingerpriDts or
other scientific merhods ofidentificatiou of
that person.

Arest, etc. of 243. (l) The Registrar or other Proper officer ofthe Coun shall,
rvhenever a Member of Parliament or
H:il$TI ", us soo, us may b. praciicable.
public officer a public officer is-
lobe
repo ed.
(a) arrested or detained in custody upon the
warraot or order ofa Court:

O) sentenced by a Court to a term of

imprisonmenq or
(c) acquitted and discharged, inform, in the case
of-
(i) a Member ofParliament, the Speaker;
(iD a civil servant, the Director-General,
Human Resouce Managcment Offce or
the person responsible for appoininents
to the Civil Service;
No. The Ciminal Pr<redure Act 2021 It9

(iiD a member of staff of the Judiciary, the

ChiefJustice;

(iv) other public officers employed in the

public service of Sierra Leone, their
resp€ctive employers.

(2) Forlbe purposes of rhis section the expression

"Court" lneans any Court in Sierra Leone, inctuding the Superior
Courts ofJudicature, Magistrate Cowts and a l-ocal Couns.

244. (l) T}rc Criminal Procedw€Act, 1965 (ActNo.32 of l%5) Repcar and
is herebyrepealed. savings.

(2) Not withslanding subsection ( I ), an ordir, regulation

or other instrumeDl made under the repealed Act shall remain in
force and be deemed to have been made under the corresponding
provisions of lhis Act unril such time as the order, regulation or
other instrutuent is amended, revoked, repealed or replaced by an
order, regulation or other instrunent made under
this Acr.

(3) A criminal triai in which a plea has been taken al the

commencement ofthis Acr shall be inquired into and deah rith in
accordance with this Act-

(4) A prelimirary investigations commenced under the

repealed Act shall continue under the repealed Act.
 The Criminal Pr@edure Act zox4
120 No

NRST SCHEDUI,E

The Criminal Procedure Rules'

GENERAL PROVISIONS

Us€ of l. Figures and abbreviations may be used in an information

ligtres and expressed
abbreYiations
or indictrneit for expressing an)thing which is comnronly
thereby.

Mo& in 2. (l) A description ofthe offence charged ir an inform?tion

charged' ofeach
which or indicunlnt or where more than one offcnce is so
offenccs .le the information or fuldidment
offence so charged, shall be set out in
charged
in a separate paragraPh call€d a count'

(2) A count of an information or indictment shall

commence wh a statement of the offence charged' called the
statement of offence.

(3) The statemenl ofoffence shall described the otrence

st ortty in oiainary tanguage, avoiding as far as
possible the use of
tecbnical terms, and without necessarily stating all the essential
elemenrs ofthe oflence, and ifthe off3nce chfiged is one created by
enacinent shall contain a reference to the section ofthe enactmeDl
creating the offence.

(4)After the statement ofthe off€nce parriculars ofsuch

the use of
ofience shail be set out in ordinary language, in wbich
t&chnical terms shall not be necessary:

Provided that -
(a) where any rule of law or any Act or statute
limits the particrla$ of an offence which are
required ro be given in an information or
inJictment, nothing in this rule shall require
any more particulars to be given than those
so requircd;
 No fhe Criminal Procedure Acl 2021 t2t

(b) it shall be sufficienr ifonly the words ofthe

section ofthe enactment creating the offence
are set out in the particulars of the offence.

(5) The forms set out in the Appendix to these rules, or

forms conforming thereto as near-ly as may be, shall be used in cases
to which they are applicable and in other cases forms to the like
effect or conforming thereto as Dearly as rnay be sball be used, the
statement of offence and the particulars of offeDce being varied
according lo the circumstances in each case.

(O Where an information or indictnent contains more

- than one count. the counts shall be numbered consecutively.

3. (l) Where an enactrrent constituting an offence slates Srarurory

the offence to be Ge doing or &e omission to do any one of any offenccs.
different acts in the alteruative. or the doing or the omission to any
act in any one of any different capacities, or with any one of any
different intentions, or states any part of the offence in the altemative,
the acts, omissions- capacities or intentions, or other matters stated
in the i.lternative in the enactment may be stated in the altemative iD
the coul( charging the offence.

(2) lt shall not be necessary, in anv cciuor charging an

offence conslituled by an enacEnent, to negalive any exception or
exemption fiom or qualification to the operation of the enacunent
creating the offence.

4. (l) The description of property in a count in an Descriplron

ioformation or indictment shall be in ordinary language, and such as of propenv
to indicate with reasonable clearness the propeny ref€rred to aDd if
the property is so described it shall nol be necessary, except when
required for the purpose ofdescribing an offence depending on any
special o*lership ofproperty or special value ofprope4y, to name
he person to ryhom the property belongs or thc value ofthe property.
 No. The Ctiminal ProL-edure Acl 202{
t?2

(2) Where property is ve$ed in more than one person'

and the owners ofthe proPerry are referred to in an information or
indicEnent. it shall be sufficient to describe &e property as owDed by
ole ofthose persons by name \r'ith others' and if the persons ot'ing
the propery* are a body of p€rsons with a colleclive name, such as a
ioint-stock company or "lnhabilants," "Trustees," "Commissionets'"
or "Club" or other such name, il shall b€ sufficient to use the collective
name without naming any fte individual.

(3) ProPerty belonBing to or Fovided for the use ofa

Government establishment. service, or departrnent, may be laid as
the property ofthe Govemment of Sierra Lsone.

(4) Coin and bank note may be described as moncy, and

any averment as to mone), so far as regards the description of
properry, shall be sustained by proofof any amount of coin or of a
tunt ,o1., although rhe parlicular species of coin of u'hich such
amount was comPosed or the particular natue ofthe bank noTe shall
not be proved; and in cases ofembezzlement and obtainingmoney or
bank notes by fulse pretences, by proofthal the accused embezzled
or obtained any coin or any bark note, or any portion ofthe value
thereof, although such coin or bank not€ may haYe been delivered to
him inorder that some pan ofthe value thereofshould be returned to
the party delivering the same, or to any other person, and such pan
shall have been rerumed accordingty.

(5) The description or designation in an information or

indictment ofthe accused or ofany other Persoa to whom reference
is made therein, shall be such as is reasonably suft;cient to ideDtit
him witiout necessarity stating his correct name, or his abode. sryle,
degree or occupation, and if owing to the name of the person ttot
being known, or for any ot}er reason, it is imPracticable to give such
a description or designation. shall be given as is reasonably
practicable in the circumstances. or such person may be described
as "a person unklown".
 No. The Cfimital Procedure Act 2021 12
5. Where it is necessary to refer to a docnmeDt or insirunarl bescrrprron
in an information or indictmen! it shall be described Uv
a nuln" .,,
of documcnr.
designation by rvhich it is usually known. or by the purpon
fiereof,
without setting out a copy thereof.

6. Subjectto these rules, it shall be sufficient describe aplace, ccnerat

thin& manet, act or omission whatsoever to which it is neceaar, a rutc retaring
refer in an information or 'rndicunent on ordinary language
in ,r.h u llr",,r,,o"
maDrer as to indicate with reasonable cleamess the place,
time, thing, man€r, act omissioD referred to.

?- It shall not be necessary in stating any intent to defraud srarcmenr

deceive or injure a particular person, where the enactment
creatino of inrent. .
the offence does not make an intenr defraud. deceive, or injure
I
particuiar person an essential ingredient ofthe offence-

8. Where a previous conviction of an offence is charged in Chargc of

an infomration or indictment it shall be charged at the s1d11rl1g prcvious
information or indictrnent by means ofa state;ent that the a""ur"d
"on*i",,on
has been previously convicted ofthat offence ar a cerlain time
and
place without stating the particula$ ofthe offence.

INDICTMENT
An indictmenr shall bear date on the day when the same is signed
and With such modifications as shall be necessary to adopt it ti the
circumstances ofeach case. may commence io the folk:wing form -

IN THE HIGH COURT OF SIERRA LEONE The.......,_.....day of20....

At the High Courrholderar..............or rhe,......day. .........ofi0......_Tlre
Coun is informed by the Anomey4eneral on the half ofHis Excellency
the Presidenr at the instance of C- D_ rhe prosecutor that A.g is
charged with the following ;ffence (offences)-
 2021
No The Cr,minal Procedure Act
t24

APPENDXTO RI,'LES

FORMS OF INDICTMENT

FORM 1- Murder

STATEMENT OF OFFENCE

Murder.

PARNCIJI-ARS OF OFFENCE

A..B- on the.,............. .day o1.................-20... """::

of Sierra Leone murder€d J- S
at.. -.in the WestemArea,/Province

F1ORM 2 -Accessory after the frct to murder

STATEMENTOFOFFENCE

Accessory affer thc fsct to murder'

PARNCUT.ARS OF OFFENCE

oi """"""al""""""inthe
A. B, well knowingthatoneH' C' did oDthe" " " "-"day
of sierra Leone murdered C' D'; did on the" " 'dav
;;;;;#t;"ince Leone and on
;i-* ;-:-... .....-...'...in the westem Area/ hovince of Sierra
assis and maintain the said H C'
il;; ;;;;;;;;fl.r receive, comfort' harbour'

FORM 3- Manslaughter

STATEME{TOFOFFENCE
Mensltughter.

OF OFFENCE
' of PARTICTjLARS
.-.-... ut " " inthe Westem Area/ Province of
Sierra
A.B-,onthe...---.day
[,eone, unlawfultY killed J. S
 No- The Criminal Procedwe Act 2021

F0RM 4- Rspe.

STAIEMENTOFOFFENCE
Rape.

PARTICT'I-ARS OF OFFENCE
A.B. on the .......day of . ,.....at .........in the Westem Area./ province ofSiera
Leone, had sexual peneEatiotr of E.F. without her consent.

FORM 5 - Wounding with intent

STATEMENT OFOFFENCE
firstCount
Wounding with iDten! contrary ro sectionlg of the Offences Against the person
Acf 1861.

PARTICUI.ARS OF OFFENCE

4.8., on the ... ....day of ....,...al ......

.. _in the Westem Area./province of Sierra
Leone, wounded C.D., with intent to do him grievous bodily harm (or
to maim,
disfrgure or disable him) (or to resist rhe lawful apprehension of himrhe
saidA.B.)
Second Count

Wounding contrary to section 20 of the Offences Against the person

Act, 1861.
PARTICULARS OFOFFENCE
A-B-, or the .......day of .-......a1 .........in the Westem Areal hovince
of Sierra
Leone, maliciously wounded C.D.
 Nc The Criminal Procedure Act 202!
1?6

FORJVI 6 - I3rceny.
STATEMENTOFOI.-FENCE
FirstCoutrt

Irrceny, contmry to section l7 (l ) oflhe LarcenyAcl l916

PARNCIIARS OF OFFENCE

-day of ........at . -.......in the Westem Area/ Province

of Sierra
A.8., on the ,.....
yards ofcloth' the
Leone, being clerk or servant to M.N. stole from the said M N- 10
said cloth being the value of... . . - ... Leones.

STAIEMENTOF OFFENCE
S€cond Count

Receiving stolen goods, co rary to section 33 (l) ofthe LarcenyAc! 1916'

P,{RTICT'IARS OF OFFENCE

of Sierra
A.8.,onthe....-..dayof ..''-...at....-" -in the Westem Area/ Province
the to have been
Leone, did receive a bag th€ Property of C D knowing
same

stolen.

F0RM 7- Robbery witlt vblence

STAIEMENTOF OFFENCE

Robbery with violence, contrary to section 23 (l) (b) ofthe LarcenyAct'

1916'
PARIICT'I.ARS OF OFFENCE
of Sierra
A. B., on the...... .. rlay of.. -.. ............at....... ... .. in the westemArea/ Province
before or immediately
t€one, robbed C.D.,;f a watcll ad atthe time ofor immediaely
after such robbery did use penonal violence on the said C D'
 No. The Criminal Procedure Act 2024 v7

FORJVT 8 - Burglary and larcery.

STATEMENTOF OFFENCE
Burglary, contrary to section 25 (l) and larceny contaq/ ro section 13 of the
Larceny Act, l9 16.

PARTICULARS OF OFFENCE

A-8., on the .......day of ......,.at ......._.in the Westem Areal hovince of Siera
Leone, did break and enter the dwelling house of C_D. with intent to steal lherein,
and did steal therein, one watch, the property of S.T., the said watch being the
value of .... L€ones-

FORM 9 - Obtaining goods by frb€ pretenses

S'IA_IEMENTOFOFFENCE

oblaining goods by false pretences, contrary to section 32 ( I ) of the Larceny Act,

1916.

PARTICUI.{RS OF OFFENCE

A.B., on the..-.......day of..-.-...a1.._......-....in the Wgstern Arsa I province of Sierra

kone, with intent to defraud, obrained Eom S. p. 5 yfuds o,fclorh b1l false! pretending
that he, the said A- B. was a servant ro J. S. and that he, the saiOi. e. f,"a
Oen U""o
sent by the said J. S. to S. P for the said cloth. and thal he, tbe said A. B. wes ths[
authorised by the said J.S. ro receive the said cloth on behalfofthe said J.S.
 No The Criminal Proeedure Act 2021
128

FORM l0-Conspiracf to defraud.

STATEMENT OF OFFEIiCE

Conspirac]-todcf raud-

PARTICUI-ARS OF OFFENCE

that day
A. B. and C.D. on the... ..'.....day of --...... . " and on diverse days betwe€n
WestemArea/ Province ofsierra Leorc'
and the .-.......day of............at..r......-.....4lhe
of inserted
conspireO together *ith intent to defraud by means an advertisement
by rhenr, the iaid and C. D., in H.S. newspaper, falselSi representing that A' B'
e. B.
uid C..D. t th"o carr,ving on a genuine business asjewelers at"-"
"- --in the
"r" able to supply
Westem Area / Province of Sierra Leone, and that they were then
would remit to them the sum of ' - -
certain articles ofjewelry to whomsoever
Leones.
FORM ll-Arson'

STAIEMENTOFOFFE^_CE

First Coutrt

Arson, coDtsary to sectioD 2 ofthe Malicious Damage Act' l86l '

PARTICI]LARS OF OFFENCE

Area / Province of
A. B., on the...-.......day of......... -........at "'- """""""'in Westem
ii" fr-",rrtutl"iously set fire to a dwelling bouse' one F G being therein-
 No. The Crimin<rl Procedyre Act 2.021 18

StA*TEMENTOFOFFENCE

S€r{nd Co[nt
Arson, contraD/ ro section 3 ofrhe Malicious Damage Ac! I g6 I

PARIICUI-ARS OF OFFENCE
A. B., on 1he..........day of...............ar...............in the Western Area / province
of
Sierra LeoDe, maliciously set fire to house with inrent to
injure or de&aud.
FORM 12 - Arson; accessory before rhe fact_
STATEMENTOFOFFENCE

A. B., Arson contrary ro section 3 of the Malicious Damage Act, t86l C-D.,
accessory before the fact to same offence.

PARTICUI-ARS OF OFFENCE
A. 8., on 0te. ... .... . . -. day of -. .. .. ...a1......... -.... in the Westem Area,/province
. . .
of Sierra
Leone, set fire to a house with intenr to injure or
detaud-

C.D., on the same day at ........_,. in rhe Westem Area / province

of Sierra Leone,
did counsel- procure, and command rhe said A. B. to commit
tne saiJoffence.

FORM 13- Damaging lrees

S]A*TEMENT oF oFFENCE
DaDaging tees, contraDr to section 22 ofthe Malicious
Darrage Acr, l g6l .

PARTICULARS OF OFFENCE
A. B., on the..........day of........_.-.at..--._.......in the West Area / province
ofSierra
Leone. maliciously damage a mango tree there growing.
A B. has been twice previously convicted ofan offerie
under section 22 ofthe
Malicious Damage Act, 1861, namelv at_......_..on tte.. ......auy .f..
ar............-..on the. -. -.... -..... day of.............. -..-. _a
 The Crimuzol Procedure Act
2021
130 No.

FORM 14- ForgerY

STATEMENTOFOFFENCE

First Count

Act' 1913'
Forgery conEary to section 2 (l ) (a) ofthe Forgery

PARTICIJI.ARS OF OFFENCE
the WestemArea / Province of Siena
A. B-, on the.-....'.-..day of.'."""-at -" -"-"'-"in
|.^.cwithidenttodetrdud,furBedac€dainwillPu:PortingtobetheWillofC.D.
STAIEME}IT Ot. OF'FENCE
s€cond Count
documeDt' cootrary to secrion 6 ( I ) (2) ofthe Forgery Act' l9l 3 '
Uttsring forged

PARTICULARS OFOFFENCE
of Sierra
-in the westemArea /hovince
."'-'""at"-'"'--
A.8., on the....-....-'day of.. of C' D'' knowing the
forged wilt purponing ro be the Will
;.;;;;J;;;
same to b€ forged and with intent to defi-aud'

FORlvl l5 - Utteriog couDterfcit coin

STATEMENT OF OFFENCE

6 ofthe Coinage Offences Act' 1965'

Uttering counterfeit coin, contrary to secrion
public market at"" " " in the \l'estem Area /
A. B.. on the-.....-.day of" " "" "u tne to be
ilr#il;Leone, uttert'i a counterfeit coin' knowing the same
countert'eit.
 No. Tfu Criminal Procedure ,lct 2021 t_31

FIORM t6- perjury

STAIEMENTOFOFFENCE

Perjury, contrary to sectioB I (l) ofrhe perjuryAct, t9ll.

PARNOLARS OF OFFENCE
A. B., on the.._....-.day of.--.-.:......20...._..,af Freetown
in the Westem Area / hovince
ofSierra Leone. being a witness upon rhe rrial ofan
)rerra Leone m which one..........--.wa.s plaintiff, and
amio, ,,r,. iiJ co* of
one..........-...waJdefendant,
knowingly falsely swore that he ri"s one M. N.
in rhe sfeer calteJS;Ja- steuen
Street, Freetou,n, on the..........day of ...... _..-.2O...............

FORJU l7 - FalsilicatioD ofaccounts

STATEMENTOFOFFENCE
FirstCount
Falsifrcation of accounts, conh-arji to section
r ofthe Farsification ofAccounrs
Act, I875.

PARTICL'LAROFOFFENCE
A, B., on rhe............day of.......,.....a1-..-...._...-_-in
the Western Arca / proyince of
Sierra Leone, being clerk or servanr to C.D.,
with i"t*, to'a-e'iauq"irua. _
a false entry in a cash book betongins t.
::T::.:-d]1Tkps
emproyer. purponing to show that on rhe
rl. ."iic.o., r,i,
saia aay . -... -... trones had been paid to
L.M,

STATEMENTOFOFFENCE
Stcond Counr
Falsification of accounts, contraq/ to section
I ofthe Falsification ofAccounls
Act 1875

PARNCUI.ARS OFOFFENCE
A.. B., on the.-.......day of...........a1.:.................in
/ provlnce of
the Westem Area
Sierra Leone, being clerk or servanl to C.D., with
rrrr.r,,. a"folua, oirio.a o,
conc-urred in omitting from or in a cash
book belonging ,o ,f," .JJc.o.. f,i.
3mploy9r,
a marerial particular thar is to sa),, rhe rdd ;; ;; ;; ....
Leones from H.S- ";:..
 The Ciminal Procedure Act
7021
137 Na

FoRM 18 - Frrudulent ofpmp€rty'

"onversion
SIIITEMENTOFOFFENCE

FiFt Court
to section 20 ( 1) (iv) (a) ofthe lflcetry
Fraudulent conversion ofproperty, contrary
Act, 1916.

PAXSICI']LARS OF OFFENCE
of
of"-""""""'a1"""""- 'in the WestemArea / Province
A. B., on the-....-........day
use or benefit certain propeny'
s^i"il rto*, t*aulently converted to his ovrn
himbvE's in order that he' the saidA B '
il;;,ui:....;r;e's"ntrustedto
mieht retain the same in safe custody'
STAIEMENTOF OFFENCE
Second Counl
contraD/ to s€Gtion 20 ( l ) (iv) o) ofthe Larceny
Fraudulent conversion ofProperty,
A4 1916.
PARTICIJLARS OF OFFENCE
Province of
A.8., on the.....--. '....a"V"i---..- "at " """ '"""'inrhe
WesremArea/
to his own use or benefil certain propert-v'
;;;;i;"", fraudulently converted
of L'M'
received by him for and on account
that is to say, the sum of . " 'Leones

SECONDSCHEDIN-E
(Section 36) FORM No. 1-Warrant of remittingCourl

Inthe.-..-...."""""""Court" "'- "" - "- at"""""

To....................'................."'(Oficer)
of"""""(Ad&ess) was brought
WHEREAS................,.-..........(name of accused)
with tre offence
#;;;;;.........-;.thc.....""tlavof"""""..' """ '20' """"charged of offence) committed
of.-...-............--................(statement
a1.........'...............".' """ """'intre district of" ' "'-""" "- -""".''- '
No* th"ra ar. to you to convey the said - '- "-to'.-' ......-a,o Proar""
i* "oto--d
u.i.t"ift".... .. ...lMagistrate; at " there to be dealt"with acaording to law.
Datd rhis......daY of.. .20

Signature
No. The Criininal Procedure ,4ct 2024 l1r

Fo.n l*lo. 20
REMGNISA}.ICE BMI( KEPTAT'IHE POIICE STATION (OR
LOCKTJP) AT ..... .. ...

NanE
*";* Ilhrr zd O'age (l)
ard
(2) D,r. atd ,(3)

of
,Vrest Addess condtiou or
Ptss (bnditiqE TrrE lrid :frq of
Recogrisor Recqniszrce Sr,uaies ofBail Bef.r€ .lrl€istd"
I\,ftgisrde
(l) Stde tinF ard plaoe d \&ich rorsed (rrcognisor)
ad $e srn in *iridr hc is buml follou,ed by his
is to fu bfc""tu rragdrde

nwk q
sigrnue.
(2) Sae arDtd in B&ich alr s.rety is separaely
krrd, follcued by Ins sigruure or nark
(J) Order for enlagorrnt of bail, ;;llalion
ofbail. Fasfer to a boad, d;
 No The Crin in^l Plocedute Acl 2021
134

FORM No.2 -Recognisarce to pay costs'

IN THE HIGH C{)I-,'RT OF SITJRRA LEONE

section
WHEREAS aPPlieation has been made to His Lordship.............. ........--.under
.(named ofaccused)
43 ofihe Criminal Procedue Act' 202, by me
a person accused ofthe offence of.. '

AND WHEREAS it fr* u".n t .rr,", o,i"rei mat f' tfre 'u;O " "(accused)'
shall

enterintoabondwith..................suelv.""""""'thatIshall,ifconvicted'paythe
costs of the proseculion:
llow f.. ..,.... ........- ..........(name ofaccused), of" '-" " """ :'-"" " -(address) hereby
bind himselfthat I will, in $e event ofmy being convicted cflhe said offence' orof
upon rhe charge now pending or any charge substituted
-V ottt.. offence,
pay the costs of my prosecution as certified
therefore,
by.. . .

Dated this.....day of.... .....20

Signature
I hereby declare myselfsurery for the said ..(name); or

We hereby jointly and severally declare ourselves sureti€s for

the said
...........-.(name),

prosecutioD as he has herein

that tie accused will, ifconvicred, pay the cost ofthe
We bind ourselves
undertaken, and in case ofhis making default I bind myselfl
to forfeil to rhe Stale the amount ofthe said costs as certified by

Datedthis.... dav of. .20

(Signatue).
 No. The Criminal Procedure Act 2024 B5

Form No,3 - Summons toan accused person.

In rhe.......-.....Court
To.............(nameofAccused)of..........(address)_

WHEREAS your attendance is necessary to answer to a charge

of,.............(Statement of Offence):

You are here.by required to appear in person before the..--......-..... Court

aL.......-..........-....ar .. m, onrhe....-...day of..........,.20..............

Herein fail not

Daedrhis...........dayof ............20

(Signatue)

FORM No.3 A- Summons to an accused person uBder special

procedttre iIl section 23.

in.......--. Coult
fo........:....::...........- tnarne ofaccused) of..........,..... (address)
WHEREAS your attendance (subjccr to what js srated below) is necessary ro
answer to a charge of........ . . ... . . ......... (Statemenr
. ofoffence)
tjnless you choose to inlbrm the Coun in wridng before the date
fixed for hearing
that you plead guilty to the charge vou are hereby
required ro appear in person or
representcd by a legal practitioner before the
Court ar ........-..........-.._...u,...In, on
the...................-dayo[.......-.......-..2O .....-..

lfyou_plead guilry in writing or are represefltod by

a l€gal pracririo{Er you need not
anend the hearing unless you are subsequently requiied'to do so by-the
Coun.

Daled $is............_........_.._day of.. .20

(Signature)
I plead guilty to the above wrinen charge

( Signature)
 The Criminat Procedure Act
2021
r36 No

no effect on the sentence to be

Note: Your non-apPearance in Court will have
passed if You are convicted
the defendant is charged is
This form must be used wheo as onence with which (whether
;;;i" ;;tr;, a fine or bv imprisonment nol exceeding 3 months
direction of a Magistrate in
with or without a fine), tr may also b€ used on the
respect ifan offence other than a felony'
FORM No' 4- Warrant of a rr€st

Inthe-....................-.....-.*:..... ...Coultal....-......-...........-.'........
who is or
To.....-........-..,..,..................- (name and designation ofpenon or persons
are to execute the warrant).
of " ..... -....... (address) sands
U/h"r"ur........................-..... ." " (name ofaccused)
tt off"nce of -" . '"' "'(Statement of Offence)
" "
"trurg"a.UO commaDded to arrest the said" " '-""" '- "'- ..... -........ -. and to Produce
You-are hereby
"

him belbre me.

DATEDrhis....... -................."'- "'day of .........................20.......

(Signaffe)
(This warrdtrt may been endorsed as follows)
the sum of
;,h; *td.:-..-............-......... sbalt enter into a recognisancc himself
in
"--" " (€ach) in the sum
...........-Leones, with .......-........."" " ""
surety" -
on the -'- '-""day
,t att€Dd before me al"'--"""""- " - ut " 'm
he may be
"i..--....---i".r"t
.i......... -. ..,- .:0.., ,nd to continue so to attend
otherwise directed by me
'

released.

_.........20...
DAIED ThiS.

(Signature)

FORM No' 5- Order lo bring uP r Prsoner

ln the...........................Courtat" " " "'- "''
To dre Correctional Offrcer at '. -" " "" '
fi;RE;;-..............(nameofaccused)aninmalenowinvourc':*'lt'touin"d
( Statemenl o' unence':
to appear before me lo answer a charoe
oi "
the said irunate belore me at '-a1 "
m
Now tbese are to corunand you lo pr;duce
his furher attendance &om timeto
onthe......dayof....-.-....- '20 " -" ' and to ensure
ii-. *tif tfr" .uiO .harge shall have been disposed of'
 N0. me (:rifiinl Procedure Act 2021 1t
(SigDature)

FORIVI No. 6. - Aflidavit ofservice of Summons

1,.................-....(name and desigration), make oath and say as follows-
At or abouL......-.......m. in rhe..........,.....noon ofthe......day of.-...-.......-.......20-........,I
personally served rryon... -...... .. ..(name ofperson summoned) by.. ... ... .... (srate metbod .

of service) a suDmons issued by..................(issuing Court) in the matler

of.-.......(prosecutor) versus..................-...(accused) wherein rhe said accused is
charged with..............(set oul charge as described in summons).

(Signature)
Swom before me at......-this............-day of.-.-.........-.20.........

(Signatwe)
FORM No. 7- Search Warrant
In the..-.-...............Cotlrt ar..-...........-.
To. . . . .. - -. ........ ..(name and designation ofperson or persons
who is or a.re to execute
the warrant).
W11EREAS infomration has been given to me upon oath of rhe commission or
suspected or inteDded commission ofthe offence of..,.....,....(Statement ofOff'ence)
and it h x been made to appear to me that there is reasonable cause Io suspect
thar. ...... ....-..Gpecify the animal, maner or ttring c'learly) or some ofthem are concealed
in...-...........d.....-.....................-

Norv ihg5s arg 16 6rthorise you with such assistance as you may require to search
for said ..-.....(animal, matrer or thing specified) in the ...... (describe the house,
vessel, or place to which the search is to be confined), and ifnecessary to search
all persons found therein and it found to produce such... ... -,...........(animal, maner
or thing specified) forthwith before this Cour logether with rhis warranr.
And I hereby authorise you to enler by force inro th€. .... . .... .... . .(place 10 be searched)
if you are not admifted after making knovrn your authorit), and demanding
admission.

And I hereby direct you to arrest the occupier ofthe said._ (placeto be searched)
ifany such ........-........(animal, mafter or tbing) be formd.
DAIEDthis.................-...dayof_........_..........,.20..,..........

(Signature)
 The Criminal Pruedure Act
2021
138 No.

warrant al any tim€')

't (I authorise the execution ofthis

(Signature).
;ilik; ;* not think frt so to
when Magisuate or Juslice of the Peace does
aulhorise or direct.

FoRM No. t - NoUe Pros€qui

(Registrar or Court Clerk) of the Court at
To
.......... ....-..-..-.-'.."- "-""(Place)-
has been
d;;;...............................1n-r," of accr..etl)ot-.....-...-.- --"""'(ad&ess)
;ffi;J for triaV stands charged before dre by the""--""ofOffence)- ""-""""Court
of. " "- '- " """ '- '-""'(sr'temenr
ri-.........--... - and require you to enter on tlre record a statement
that
lf"* ,ir"."
"ttarge
a" -thJrise
"t"
ihe proceedings are stayed by my
direction'

DAIEDrhis-...-...............-" 'day of " - 20

Attomey-General and Mitlister of lustice

at thc lDst'rrcc of the AttortreY-

FORM No. 9 -Notice of Entry of Nolle Pmsequi
General and Ministcr ofJustice'
($ate ......charge) against
To......in rhe matter of a charge of
-.... . .. .(name ofaccused):

has been entered-

Take no ce thal in this case a nolle prosequt

Dared rhis. -. -. -...daYol.. .20

(Signarule)
NOTE: lfthe accused ii imprisoned he shall be fonhwith released-
ofhis suredes are discharged'
Ifthe accused is on bail his recognisance and those
 No. The Criminal Pracedure Act 2$24 Lrs

Witnesses are released from their obligation of further attendance

at t}le Court

FORJVI No. I 0 - Order to recoyer damagqs.

ln the.,......... Court al.. - -....... -... -
To..........-.-..............(hs bailiff or other person concemed)
WHEREAS in the mafter ofa charge of..,.... ..... . . .. ... . .- .-....... prefered at th€ instance
of ...-...... (prosecutor) against....,.-....(accused) it was ordered....
_.. .. -............ (set our
the order made).

Now these are to authorise and require you to recoyer the said sum of.....,_.
Leotres as though the same were ajudgment debt in the above mentioned
Cout.
DATEDthis..........dayof.........20

(Sigpature)

FORM No. 1l - Notic€ ofirtention to take depositiotr

In the,,..,..-..-.-.....-....Cout at........ -,...

To-,........... .(name) of.................._............_...(addrcss).

WHEREAS-. .. ....-........(name) is lying ill or hurt at....._.......-_......(address)

and is not
likely to recover, ard whereas it appears to me that the said_.-........_...iS
able and
willing to give marerial information relating to the olfence
of..................--........._.($atement ofoffence) aleged to have been comrnitted
upor/
in regard to........

Now, therefore, take notice that I propose to take in writing and upon
oath or
affrmation the statement ofthe said ... . _. .. . ar......_.,..........,._.....(place) it... _......m.
on the.....-.day of....._....next

You should be present at the said time and place in order to hear the sairl statement
made *(aod to cross-examind t}le deponent upon it)-

DATF-D this....._ dayof.._........20

+in case of notice to the prosecutor

these *ords should be sau:?ifl;:*)
 2t24
14O No The Crimirul Prccedure Act

a deposition taken
an inmateb hear
FORM No. 12-Orderto produce
In the.........-....Co1-rt a!. ".'
cer or oolice officer) d..........--.(place).
'r'"io**r-o
ll+*;
not exPected lo recover:
-:*%H3,:Tfiiffiil?ffif - o

an inmate norv in your

And whereas ir is expedientLbat"' " " - " (name)'
to take
ilffi;, ffi,,tal;i,.'*t io *a"t to i';; the statement which I propose

fiom the said. ...-.. '

youto Produce the said inmate at"-"""'-""'' --' (place)

Now theso are to command until
at...................m' on"' -th""' """ "d";--" - " "" '*ott'ere to continue
recorded'
*i;;;,, shall have been taken and
DATED$is... ...-..day oi
"";;iJ " '20
(Sigoature)

Iook after a lunatic'

FORM No' 13 - Recogni$nce to
lnt}e........ ..'..-...-.. "" -"Cout at.' " "" "" ""
"'
oI apPear before the
wHEREAS.................. ...- " " '(name to take his tial on or
-- .. . .... . tVagistrate or Judge)
at - '
p'*eeding hto a charge of '
"n"rJ" "...i*f thal
(Masistate or Judge) has reason tobelieve
And whereas the said - """" - "" of
the said...... -...-"
or"""t"'i?iJoi unso*u'd mtna*a is incaPable
" '" 't'*" funher proceedings in lhe maner'
.rlr* t i, a"f.*" a-od bas postponed
I herebY declare mYself suety; or
thal the
We hereby jointly and severallv declare ourselves sureties' doing
pro'perly taken care of and prevented-&-om
said.....................-....-.......sbatt ue *n"'
iniurv to himself or p""ol ot'p'opttly' and for his u"-t::l:" ir thar
-y ott'ttu"r"t
:1ilt1J #;;; il",t * tuJ in"o u' tr'" cout mav appoinl

behalf.
to the
myselfor we bind ourselves to forfeit
And in case ofmy or ow default, I bmd
State the sum of. .. -... ..... -- .. -Leones'
DAIEDlhis.-... -....aiay of" - '20
(Signatute)
 Nn The Criminal Procedure Act 2021 14l

FORM No. l4 - Order forcommitment ofcriminal lunatic pending

report to Minister.

ln the..........,......Cour at........
To the Conectional Offi cer at................
WHEREAS.,.........._......................(name ofcriminal lunatic)
being charged beforc the
.....Court with rhe offence of... ........... .........was rhis day
by special
finding found to be not luilty by reason of insanity:

Now tbese are ro authorise you to receive the said...........into your

custody aDd
safely to keep him until further order in his behalf.
DATEDfiis...._,.....dayof........20.

(Signatue)

FIORM No. l5 - Minbter's order for confillemenl ofacrimina] lunatic.

WHEREAS (name of accused), being charged before

the
...-...-...-.Cout at............-... with the ollence of . ...........w4s
by special finding the said Court to be nol guilty oflhe acl or omission
c harged by
reason of insanity:

Now, therefore, I..............................,the Minister responsible for

Social Welfare, do
hereby orderthe said ..... oi........-...........................to be confined
in the mental hospilal or Correctional Centre at. . . . .... ......... .as a
criminal lunatic until
firrther order.

DAIED this- dryof............20

(Minister)
 NG The Criminol Pr<xedure lct 2021
142

FORM No. l6 - Certificste undersection 74

"" " '(ad&ess)' the Medical

I...........-........................(name) of..........-............
Suoerintendent of the Mental Hospital at""""" """"""""""""hereby ceniS
thal...-... ..... ............ (name ofaccused) againsr whom a cbarBe of" ' l' ' ' '- '
capable of making his
is pending before the boun rr ........." ii in my opinion
defence to the said charge.

DATED$is......-......-...............day of " " "20

(Signature)

FORM No 17 - Recognisance to take trial'

In orc....-................................CollIt at........
i.----..-.... ........... t""r* ofaccused) beingbrought before the " - - - ""(Magisrate)
ui .................with . .......-............" """'(Statement ofOffence)' do hereby
"fr"tg"a
bindmyselftoauendinthe..--............- - - Cout at" "
"" """ "" on the said charge
urrJ to Lntiou" to to attend until otherwise directed
by the said Court and in case
Leones
ofmy default, I bind myself to forfeil to the Stat lhe sum
DATED rlis........... day of..--... ........ 20.

(Signature)

I hereby declare myself suretv/We hereby jointly and severally declar-e

ourselves
sureties for the above-named.................."of""" "" """thai
he will attend in
the..--..-.-...... Court at......on the ..... ....day of"".' next to answer
to the above-
by the said
named charged and will cortinue so to attend until otherwise directed
to forfeit to
Court and in'case ofhis ofdefault' I bind myselfor we bind ourselves
the Stale lhe sum oi........Leones.

DAIEDthis............day of......20

(Signature)
 No The Crininal Procedure Acr 2024 w
FOR]ll No. l8 - Recognisance to attend committal proceedings atrd take trial if
committed.

In tlle..-..................,..............--....Court al.....
I, -...........,..(name of accused) of.........-....(address), being brougbt before the
.......-..... (Magistrate) at-............-.....charged with the offence of......--.....:....and
required to give securitv for my attendance in his Coun and at the High
Coun, if
required, do bind myselfto attend ar rhe Coult ofthe said ...................(Magistrare)
on every day of the committal proceedings into the said charge and, should the
case be sent for trial by rhe High Courl to be and appear before the said Coun
when called upon to answer the charge against me and to conlinue so to app€ar
until otherwise ordered by the said Coui and in case ofmy defautt, I bind myself
to forfeit to $e Shte the sum of...... Leones.

DATED this.....day of ......._.20

(Signatue)

I hereby declare myself surety/we hereby joinrly and severally declare ourselves
sureties for the said .-.....,-..,(name ofaccused) that he will anend the.
Court on every day ofthe committal proceedings into the offence charged against
him, and should the case b€ sent for trial by the High Court, that he will be and
appear before lhe said Court when called upon to answer the charge against him
and will continue so to appeir until otherwise ordered by the said Court and in
case ofhis default, I bind myselflwe bind ourselves to forfeit to the State the sum
of..-.....l-eones

DATEDthis........ day of .20

(Signature)
 No The Criminal Procedure Act 2021
14.1

FORM No. l9- Remard Warrant

tn the.-.-......-Coun o1...........
To...........-.. ......( Conectional offictr or police omcer) at- "" "'
ttay appeared before
WHERFAS.-............... ..... -. ..,,....- -...... -(ouln" ofaccused) has the
. .

it advisabl€ to
me charged with the o ffence of.....--..-..-................-.and I consider
adjoum the examination into the said charge:
your custody and
Now these are to command you to receivi the said '-'-" -into
safely to keep him and produce him before me al " - '" " " " 'at "m'
- on
and hereafter from timeto ttne as
th"...-.....-.......-..................0ayof..-.....-"20""
may be notified to you by endorsements on this warranl'

DATEDthis... ..day ot....................20

( Signature)
is closed'
FORM No.20- Committal proceedingswhen Case for the Prosecution

The following is read by the Magistate and exPlained to the acclsed'

or charges-
The chargeti'arges against you iVare.. ..-......'." """(here set out charge
Having h'eard rhi evitlencedo you wish to say anything in answer
to the charge
you desire to do so but
ioi Jitg"rr vou *. not obliged to say anything unless upon
,"hu,"n"i yr, ,ry ,rill be taken down in writing and may be given in evidence
,q.na t give you clearly to undertand that you- have noth.ing
to
yourtrial.
-hope
from uny promise ol favour and nothing to fear from any threat
which may
have b."n hoidin out to you to induce you to make anv admission
or confession
of your guift. But that whatever you shall now say may be given in evidence
no*i$oLdirg ,u.h promise or threat. (Here record $atement of accused' If too
long for this space continue overlea|.

you wish to explain or add to it?

Q. Having heard you stalement read do

Thestatenrentoftheaccusedasherein/hereafterrecordedwasrakeninmypresence
anrl hearing and contains accurately the whole statement made
by him He was
called upoi- to sign it or to append his mark which he did-irefused ro do'

il";;;;;;;"t
 No The Cnminal Proce&tre ,4ct 2021 145

Q. Do you lvish to call any witoesses?

*A....-..-.,.....................(ifnames are given
record them). I order that tle accused be
committed for trial upon indictment before the High Courl
at .and I fifther order that the accused be admified to baiy
committed to prison.

DATEDftis..................-.day ot............._......20.....
(Signature)

*lf the accused states that hc does not wish his wimesses examined by the
Magistrate but desles them to be bolmal over to appear before the High Court, this
musl be stated but on no accounl should a Magistrate suggest or encourage this,
but should record the evidence unless the accused does not wish it.

FORM i\o. 2l- Recognisance on committal to take trial.

In the. Coufl at-...

I..........-.--........-..-....................-.....(name ofaccused) of.......-.........-...........(address), being
committedfortrialbeforBthe.....................Couxtonachargeof-.._........and
required to give security to take my trial before the said ..............._. Court, do hereby
biod myself to be and appear before the said............Court ar ....,.........when call
upon to answ€r the charge against me and to continue so to appear until otherwise
drdered by the said Coun and in cass ofmy default I biDd myselfro forfeit to the
State fie sum of...........,............Leones.

DAIEDrhis...... - day of 20

(Signature)

I hereby declare myself surety/we hereby jointly and severally declare ourselves
sureties for the said . .........(name ofaccused) that he will be and
appear before the said ........ ....--......_.-..-,,.....Court when called upon to answer the
1.16 Nc The Cri inal Procedure Act 2021

charge against him and will conrinue to aPPear until otherwise ordered by the said
Co'Jrt and in case ofmy default I bind myself /We bind ourselves to forfeit to the
State $e surn of.....-.-............Ieones,

DAIEDthis. ..........dayof ...............'....20

(SEnature)

To the Correctional offcer at.

WHEREAS al a committal proceedings heldby me into a charge of...,.-.......prefened
against....,........-.--..............(name of accused) I committed the
said................-......................(name ofaccused) for trial by the High Court upon the
said charge and did nor admit him to Bail:

Now these are to command you to receive the said........................-...........(name of

accused) into your custody, and safely to keep him until the sinings of the High
Court to be held at...............................(place) on the.............,.............day of
....................20-.-..for the trial of accused p€rsons, and to produce him before the
said Court then and there to be lried.

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

(Signatue)

FORM No.23 - Recognisance to prosecute or giv€ evidence"

In tlrc....-...-......-,--....-.,.....-...Court at..
I,.......................................(narne) of. (address), do hereby bind myself
to attend the High Coun at.....................(place ofsitting) at........m. on dre...........day
of..............next and then and there to prosecut€ (orto prosecute and give evidence
or to
give evidence) in the matter of a charge of.....-.........against-..........-.-..(name of
accused); and
in case ofdefault I bind myselfto forfeit to 0re State the sum of-.-.......-.. I-eones.
DATED lhis...-.-.........day of................... ..20..-.-....
 lYo. The Criminal Procedure Act
wl
FORM No. 24 - Notice to prosecute and wit[€ss€s eltering
irto
recognizance.
In the..-.......

-. (name of prosecutor or wimess) of ............... _........... (ad&es_9

*;^:^-,^^;,-.
I
.

axe nottce Oat you are bound in the sum of_.........-...........,Leones

to appear at the
................sessions of the High Court ro be
holden at......-.........-.and'unless you
personallv make your a;n earance accordingly
thar sum will be forfeir and levied on
your goods and chattels, or your body taken
in execution.

FORM No 25 - Warranr ofcommitmer, ..rrg1%',I1:)r,","

recogniz2nce. ",
ln the..... .-... -..Court at. _.
To.............( Conectional offcer or police officer).
WHEREAS...,..................(name) of .....................(aamss;
wm called Upon to enter
into. a recogdsance to prosecute (o, to ptosecute
and gire evidence or to giye
evidence) in the mafter ofa charge of . ..,. _. ... ..
-.....to b€ prefe;d against...... .' _... .... .. ..al
.

the sittings ofthe.............-.........-...Courr to be holden

at............-- ..-1..-..on ....... .......t
day.....of..........20..... "
AND whereas the said... when so called upon did refuse to enter into
such recogtisance:

Now these are to command you to receive into your custody

the sajd........and
safely to keep him untit after the said rrial, unless he
,*ra, into ,*n
recognisance orunless by an order ofthis coun or
ofthe High courr"nr"i,
are commanded
sooner to release him.

Dated this....................day of ........ -..20

148 No. The Criminal Procedute Act (Signature) 2024

into
FORM No. 26 - Order to release a person committed for refusing to enter
recogn isance.

ln the.. ..... - -... .-,.Court al. .

To.......... .. - -......... -....... .( Conectional officer or polic€ officer)'
WHEREAS by awarantdated......................... ..'acenain -" " .'" "" '(name) of
.. ............ .....-(uaOtess) was committed to yow custody there to abide
until after
the tr'ial
&e High Coun on a charge of'
of--.. -........ -.......... -.....befor€
Now these are to command you release and set at liberty the said
DATEDlhis.......-..........,.day of.......-. ..-...........'- "'20'

(Signature)
FORM No.27 - Certificate and warrant under settion 124'
Tothe Sheriff......
... ...... ........ ......... ...(Judge ofthe High Cowt or othe, designation)
.
hereby
into by' ....... -. -. and
certiry that the condilion ofthe recognisance entered .

set out on tlte obverse hereofhas not been complied with'

You are hereby directed to cause lo be served uPon the said" ' the

order and notice required by section I 24:

you
And you are further direcled that ifthe said sum shall not have been paid to
within six days of the service of such order and notice' you shall proceed to
recover the same by distress and sale of the goods and chattels of the
said and in default of the amount being so recovered you shall
lodge the said ..-.-.........in rhe prison at.............'........there to be kept safely for a
p".ioa of. .... . .... ..... .... .... . . ...days, and for so doing this shall be sufficient warrant and
authoriqr to all concerned.

DATED aL...................this.........day ot
(Signature)
 No. The Criminal Procedure -4ct 2021 ll9
FORM No.28 - Order and noticeon frilure to regard recognisanc€,
In the-..........,............-..............-.Court al.._,
To....--.............-........-...-........(name) of...............................(address)
WHEREAS on &e...........day of ..........,............20......., you as principalpany/surety
entered into a recoglisance conditioned as follows-
And whereas the condition of the said recognisance has not been performed:
Now these are Io order you to pay the sum of..............__.........Leones the amount
of
such recognizance wherein'you werc bound- and further to give you
notice that if
within six days oftbe date ofservice ofthis order and notice upon you, you
fail to
pa:v the said sum the same may be recovered in manner prescriUeaty
aistress ana
sale ofyour goods and chattels. and in default ofthe amount being
so recovered
you may be imprisoned for a period up to ..............-.................._davs_

DATEDthis.....,.............day of _.................20.....
(Signature)
FORM No, 29 - Warrant for absconding recognisor.
ln the.....................Cout aL................ .-.
To.-...-.................--.................-.........(person or persons who is or are 10 execute the
wan-an$.
WHEREAS.........-...................of...............................has bound himselfbyrecognisance
to prosecute (or to prosecue and give evidence or to give evidence) in the
matter
of a charge of............-.........-.apinst........

And whereas it has been made to appear to me be information upon oath that
the
said.................... is about to go out to Sierra Leone.

Noti,ttlese are to command you to arrest the said......._..._and to bring him before
me.

DATED this day of .20

(Signature)
 The Crimiaol Ptocedure Act 2024
150 No.

FORM No. 30 - Warrant ofcommittal abscotrding recogursor'

In the............. ......-....................""'Court aL
To the Conectional offoer at..-...............""'-
WHEREAS.........................of...................-........'..hasboundhimselfbyrecognisance
i;-;;;;r; (or to prosecute and give evidence) in the matter of a charge
of,........-........
agatnsl.... .... ... -.......... ..........
upon oath ftal$e
;d whereas it has be€n made to aPpear to me by iDformation
about to go out of sierra Leone' and he has
said .................. -..........................,*as
Leen arrested under a wan-ad issued by me lo ptevent
him so doing:

the said"'-:':" ' ---- "and

Now these are to commandyouto receive into your custody
him upol
i*p f,irn *fay *til the trial ofthe said..'- " """'and toproduce " fte
other
you receive
]rv?tr"i U"fore the High Court unless in the meantime
directions as"fl"r
to his disPosal.

DATEDtI s..,.........-...day of.

(Signature)
IORM No. 3l - Certiticate r€quir€d utrdcr section 132

t,,.-....-............-..........................................(sheriffor Deputy
Shmff) bereby certiry thal
ofaccused) a copy of
have/caused to be served upon.. .... ...............,."" "'.. '1nurn"
ti,. inalcmenr in tt e maft;r ofthe charge against him with the notice oftial'
and

Jurth. norur" *d thereofwai exflained to hirn by" """"""" -" 'and -

"xigency (personally or in what manner accomplished)
that this service was effected................
at.-.-.....(time) on...........the.-.-..'....... ..-.day ot .20
DATEDftis........... .............dayof.............-..-.-....20""

(Signature)
 No. The Crimiaal Procedure Act 2024 15t

FORIVI No. 32 - Warraot to hlT distrEss on defcndrDts' goods.

ln the Court at.,.....--...,...

To................................_............-........(tte person charg€d w h rhe levy).

WHEREAS..._..._.. ................-..(name of offender) was on rhe.........day

ol.. -..... ... ....... . .20...... _conrlicted before me
ofthe offence of...............and sentenced/
ordered to pay a fine/sum/ penalty of,.....................Leones.

AND WHEREAS rhe said . .. ... - .has not paid the fine/surn/ penalry or any part
thereofi

. Now,Oese axe to command you to take discess by seizure of the goods

and
chattels. belonging to tbe said ......,......_ which may be found within
rhe district of
. .. ...... . .. ... ... . and ifthe said sum shall not
b€ paid forthwith / witbin _ .. ... ... days
next after such distr€ss / to sell pro!,erty disu-ained or so much
thereofas shall be
sufficient to satisry the said fine/sun/ penalty r€turning ttris warani
witfr an
endorsement certirying what you have done under it, immediately
upon its
execution.
DATED this. .............-..:.day of.... ..... 20.........

(Signatue)
152 No. The Crimihal Ptocedure Act 2024

Wrrr
Fo }lNo. 33 -
-. ^f eommitmeDt pctrding return to warranl dis'tress'
'
Ind€.............. .. -....." " " 'COURTAT'
;:".. --.-....... """ ofcorrectional cat$
"(Keeper ' -^{)'
i*cnr-es.. -................ "(Dam€ ofoffender) was
on th€"""" "" "
"""-'day
oftire offence of" """ "" "and sentenced/
;*:...:....;..-. convicred before me
to pdy a rmerpenalry of....-...-........-" "'
^.,{d
it tp wuiiges oefaulr made in paynr€nt a u'arrant of distress has been issued'
but no retutn has yet been made thereto:

the said" ""-""" and

Now these are to command you to receive inro your custody
safely keep him until the........ .-............... .-day of-" "".. "
20 "" "whenfou shall
-
proir". hi^ b.for. this Court aL-....m unless the said sum of"" "" 'be "
sooner
be forth\ryith set a libertv'
iiJ, "i i*"ip, rf*hich the said..........."""" "'"""shalI

DATEDthis....................day of ............ -.....20

(Signatwe)

FORM No. 34 - Commilment for tarrant of distress'

Inthe........-....... .............. . ...'-......Coufi al
To Keeper ofthe Correctional c€nter at.. .
., rt was
WUEPCAS by u t a.rant ofdistess dated the" -""""'day of '
ordered that distress be lived against the goods and chattels of
..(name

of offender) forrhe sum of...'... .--..........-.-..""J-eones-

g<rcds and
AND WHER-EAS it has been rePorted to me that there are no sufticient
said. to satisry th€ said sum and the expenses of
chattels ofthe
such distress
 No. The Ciminal Procedare Act 2021 t.3

Now these are to command you to receive the said... ... .... .. ... .. .. .. into your custody
. . .

together rvith this warranr, and keep him safely in the said CorrectioDal center for
' ^ ieriod of. .unless lhe sum of................. L€ones (as set out at the
foot herE-.. -
.
libery retum lns thr.
sooner paid. and on the receipt thereof fort}wirh 10 set him at
wiLb an endorsemeDt ceniD,ing the manner of its
execution.
DATED this -.-.-........-..day of...........-.20.......
(Signalure)
Details ofexpenses
Le;

Distess: --........-...,.......
Expenses ofdisfess; ... ... . ... .... -... . .. -

Expenses of corrynitnent -...................

Expenses of conveyance to prison
lf.....................-
FORM No.35-Waranlof commitment ofnon-pa)mcrt of fmes.

In the.. . .. . .. .. .Court at--.

To the Keeper ofthe Corectional center at
WHEREAS....-......................,..(name ofoffander), was on rhe...._...".....-...day
of........-.....sentenced to pay a iure of............Leones or in default to suffer
imprisonment forthe period of.......-...................
AND WHEREAS rhe..-.......-.............-....--....has not paid fte sail ..........,.........fine or
any pan thercof-
 'l'he Crimiaal Procedwe Act 2024
154 No.

.into your custodY

Now these are to cormand you to rec€ive the said"
in the said Correcdonal center for
iogether wio this warrant, and him keep safely
thl tlrc said fm be sooner paid' and on the receipt
said period of..........-.-..'...rmless
warrant with an endorsemenl
thereof forthwilh to set him ar liberty returning this
certifoing the manner ofits execution'

DATED this. ..dayof................-..... r0

(Signaffe)

Details ofexpenses: Le
Distress......
Expenses ofdisfress .. ..
Expenses of commitment ..
Expenses of conveYance to Prison
Le

FORM No.36 - Warr&nt of com mitm ert (no alternative)

Inlhe...................-.--......-......Colrtal"''""'
To the Keeper ofthe Correctiotral center at' '
was
WHEREAS onthe................day of..'.""'20 .....-(name of Prisoner)

convicted before me of the offence of""""""""""""""""""and

was sentenced

1o.......-........--..-......
Now these are to commatrd you to receive the said "' "' ' '"-""""mtoyour
aforesaid sentence into
custody together wirh this warraDt' and there to carry the
exe€ution according to law.

DATED this......... -......dayof.. .20...._...

(Signatue)
 No. fie Ciminal Procedtre Acr 2024 t55

MEMORANDTJMOFOBJECTSANDREASONS .

The
o-bjlts and reqsons, ofthis Bill is to repeal and replace the Criminal hocedr:re
Act, 1965, to provide for new procedurei relating tb sum:mary trials, cotrunittal
proceedings, trials on indicEnent, altemative senGnces, and to provide
for other
related matters.

The Bill is divided into eighr pars as provided below.

a Pan I -,Preliminary - contain definition ofwords used in a particular context and

the application ofthe Bill.
Pan II -explains the general provisions ofthe Bill, takine into consideration
arest
generally, arrest without warrant, a&nission to bail. evilence, etc.

Part Illdeals with summary trials.

Part Iv-examines cornnittal proceedings and its relared matters on

orocedure in
eTceedirgs, committal proceedings nor ro be held in public, proceedings
::ln]nittal
upon recognrsaDces, etc_

Part V - deals wirh indicEnents and eials in the High Court with recognition of
in(lic[n€nq, arraignment, mode oftrial, triat wilh a J;ry, rial with assess-ors, close
ofhearing in cases tried r*,ith assessors, close of he#ng in cases tried byludge
alone etc.
Part VI - deals with trial ofcorporations or companies and trial ofchildren.

Part VII - provides for Execution ofsentences and defects in orders and warrants.

Parts VIU -Miscellaneous provisions deals with forms, sealing oforders fingerprints
and arrest of Members of Parliamenr and repeal and savingl.

. MADE this loth day of JaDuary,2OZ4-

,
MOIIAMED LAMIN TARAWAILEY
A0orney-General and Minisler of lustice

PnrNrro erro hisr-tsrcD By rHE GolTFNMBrr prrrmgc Drre*<nrs.rr, SrRx^ LEoNE_

GrzEnE No. 3 oF I I ru Jexuenv- 2024