First Schedule, THE CRIMINAL PROCEDURE ACTS, 1965

1. Short title. These Rules may be cited as the Criminal Procedure Rules. GENERAL PROVISIONS Use of figures and abbreviation. 2. Figures and abbreviations may be used in an information or indictment for expressing anything which is commonly expressed thereby. Mode in which offences are charged. 3. (1) A description of the offence charged in an information or indictment or where more than one offence is so charged, of each offence so charged, shall be set out in the information or indictment in a separate paragraph called a count. (2) A count of an information or indictment shall commence with a statement of the offence charged, called the statement of offence. (3) The statement of offence shall described the offence shortly in ordinary language, avoiding as far as possible the use of technical terms, and without necessarily stating all the essential elements of the offence, and if the offence charged is one created by enactment shall contain a reference to the section of the enactment creating the offence. (4) ) After the statement of the offence particulars of such offence shall be set out in ordinary language, in which the use of technical terms shall not be necessary. Provided that (a) where any rule of law or any Act or statute limits the particulars of an offence which are required to be given in an information or indictment, nothing in this rule shall require any more particulars to be given than those so required. (b) it shall be sufficient if only the words of the section of the enactment creating the offence are set out in the particulars of the offence. (5) The forms set out in the Appendix to these rules, or forms conforming thereto as nearly 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 nearly as may be shall be used, the statement of offence and the particulars of offence being varied according to the circumstances in each case. (6) where an information or indictment contains more than one count, the counts shall be numbered consecutively. Provisions as to statutory offences. 4. (1) Where an enactment constituting an offence states the offence to be the doing or the omission to do any one of any different acts in the alternative, 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 alternative, the acts, omissions, capacities or intentions, or other matters stated in the alternative in the enactment, may be stated in the alternative in the count charging the offence. (2) It shall not be necessary, in any count charging an offence constituted by an enactment, to negative any exception or exemption from or qualification to the operation of the enactment creating the offence. Description of persons. Description of document. General rule as to description. Statement of intent. Charge of previous convictions. 5. (1) The description of property in a count in an information or indictment shall be in ordinary language, and such as to indicate with reasonable clearness the property referred to and if the property is so described it shall not be necessary, except when required for the purpose of describing an offence depending on any special ownership of property or special value of property, to name he person to whom the property belongs or the value of the property. (2) Where property is vested in more than one person, and the owners of the property are referred to in an information or indictment, it shall be sufficient to describe the property as owned by one of those persons by name with others, and if the persons owing the property are a body of persons with a collective name, such as a joint-stock company or "Inhabitants," "Trustees," "Commissioners," or "Club" or other such name, it shall be sufficient to use the collective name without naming any the individual. (3) Property belonging to or provided for the use of any Government Establishment, service, or department, may be laid as the property of Her Majesty the Queen. (4) Coin and bank note may be described as money, and any averment as to money, so far as regards the description of property, shall be sustained by proof of any amount of coin or of any bank note, although the particular species of coin of which such amount was composed or the particular nature of the bank note shall not be proved; and in cases of embezzlement and obtaining money or bank notes by false pretences, by proof that the accused embezzled or obtained any coin or any bank note, or any portion of the value thereof, although such coin or bank note may have been delivered to him in order that some part of the value thereof should be returned to the party delivering the same, or to any other person, and such part shall have been returned accordingly. (5) The description or designation in an information or indictment of the accused or of any other person to whom reference is made therein, shall be such as is reasonably sufficient to identify him without necessarily stating his correct name, or his abode, style, degree or occupation, and if owing to the name of the person not being known, or for any other 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 unknown". (6) Where it is necessary to refer to any document or instrument in an information or indictment, it shall be lawful to describe it by the any name or designation By which it is usually known, or by the purport thereof, without setting out any copy thereof. (7) Subject to any other provisions of these rules, it shall be sufficient describe any place, thing, matter, act or omission whatsoever to which it is necessary to refer in any information or indictment on ordinary language in such a manner as to indicate with reasonable clearness the place, time, thing, matter, act omission referred to. (8) It shall not be necessary in stating any intent to defraud deceive or injure any particular person, where the enactment creating the offence does not make an intent defraud, deceive, or injure a particular person an essential ingredient of the offence. (9) Where a previous conviction of an offence is charged in an information or indictment it shall be charged at the end of the information or indictment by means of a statement that the accused has been previously convicted of that offence at a certain time and place without stating the particulars of the offence. INDICTMENT (10) Every indictment shall bear date on the day when the same is signed and With such modifications as shall be necessary to adopt it to the circumstances of each case, may commence in the following form:- IN THE SUPREME COURT OF SIERRA LEONE The………….. day of 19 At the Supreme Court holder at………….. on the …….day. Of 19……. The Court is informed by the Attorney-General on the half of Our Lady the Queen at the instance of C.D. the Prosecutor that A.B is charged with the following offence (offences)- APPENDIX TO RULES FORMS OF INDICTMENT STATEMENT OF OFFENCE Murder. PARTICULARS OF OFFENCE A..B. on the ………………day of………………. 19………… At……………………………. In the West Area of Sierra Leone murder Accessory after the fact to murder. A. B, well knowing that one H. C. did on the…………..day Western Area…………..of…………..at…………. in the …….Province of Sierra Leone murder C. D., did on the……. Day of…………at …………………..in the West Area of Sierra Leone and on ………………Province Other days thereafter receive, comfort, harbour, assist and maintain the said H. C. Robbery with violence, contrary to section 23 (1) (b) of the Larceny Act, 1916. A. B., on the……..day of…………….. at…………in the Western Area of Sierra Leone, robbed C.D., of a watch, and at the time of or immediately before immediately after such robbery did use personal violence to the said C. D. Burglary, contrary to section 25 (1) and larceny contrary to section 13 of the Larceny act, 1916. Obtaining goods by false pretences, contrary to section 32 (1) of the Larceny Act, 1916. A. B., on the……….day of……..at…………..in the Western Area of Sierra Leone , with intent to defraud, obtained in Province from S. p. five yards of cloth by falsely pretending that he, the said A. B. was a servant to J. S. and the he, said A. B. had the been sent by the said J. S. to S. P. for the said cloth, and that he, the said A. B. was then authorized by the said J.S. to receive the said cloth on behalf of the said J.S. Conspiracy to defraud. A. B. and C.D. on the …………day of…………...and on divers days between That day and………day of…………at……………in the Western Area Province of Sierra Leone, conspired together with intent to defraud by means of an advertisement inserted by them, the said A. B. and C. D., in H.S. newspaper, falsely representing that A. B. and C..D. were then carrying on a genuine business as jewelers at…………….in the Western Area of Sierra Leone, and that they were then able to supply certain articles of jewelry to whomsoever would remit to them the sum of twenty leones. Arson, contrary to section 2 of the Malicious Damage Act, 1861. A. B., on the………..day of……………….at…………………in Western Area of Sierra Leone, maliciously set fire to a dwelling house, one F. G. being therein. Arson, contrary to section 3 of the malicious Damage Act, 1861. A. B., on the……….day of……………at……………in the Western Area of Sierra Leone, maliciously set fire to house with intent to injure or fraud. A. B., Arson contrary to section 3 of the Malicious Damage Act, 1861 C.D., accessory before the fact to same offence. A. B., on the…………day of………...at……………in the Western Area of Sierra Leone, did counsel, procure, and command the said A. B. to commit the said offence. Damaging trees, contrary to section 22 of the Malicious Damage Act, 1861. A. B., on the……….day of…………at………….in the West Area of Sierra Leone, maliciously damage on mango tree there growing. A. B. has been twice previously convicted of an offence under section 22 of the Malicious Damage Act, 1861, namely, at……….on the………day of……….. At the……………on the…………..day of………….. Forgery, contrary to section 2 (1) (a) of the Forgery Act, 1913. A. B., on the………..day of……….at……………in the Western Area of Sierra Leone, with intent to defraud, forged a certain will purporting to be the will of C.D. Uttering forged document, contrary to section 6 (1) (2) of the Forgery Act, 1913. A. B., on the………..day of………….at………….in the Western Area of Sierra Leone, uttered a certain forged will purporting to be the will of C. D., knowing the same to be forged and with intent to defraud. Uttering counterfeit coin contrary to section 6 of the coinage Offences Act, 1965 B., on the………….day of………….in the public market at…………in the Western Area of Sierra Leone, uttered a counterfeit coin, knowing the same to be counterfeit. Perjury, contrary to section 1 (1) of the perjury Act, 1911. Particulars of Offence A. B., on the ………day of………….19………at Freetown in the Western Area of Sierra Leone, being a witness upon the trial of an action in the Supreme Court of Sierra Leone in which one………….was plaintiff, and one…………..was defendant, knowingly falsely swore that he was one M. N. in the street called Westmoreland Street, Freetown, on the……….day of…………19…………… A. B., on the………...day of……………in the Western Area of Sierra Leone published a defamatory libel concerning E. F. in the form of a letter, book, pamphlet picture, or as the case may be. (Innuendo should be stated where necessary). Published obscene libel E. M., on the………….. day of …………. At……….in the Western Area of Sierra Leone, sold, uttered, and published and caused or procured to be sold, uttered , and published and obscene libel the particulars of which are deposited with this indictment. (Particulars to specify pages and lines complained of where necessary as in a book). Procuring obscene libel (or thing) with intent to sell or publish. E. M., on the…………day of…………. at…………in the Western Area of Sierra Leone, sold, uttered, and published and obscene libel the particulars of which ate deposited with this indictment. (Particulars to specify pages and lines complained of where necessary as in book). Falsification of accounts, contrary to section 1 of the Falsification of Accounts Act, 1875. A. B., on the…………day of………….at……………in the Western Area of Sierra Leone, being clerk or servant to C.D., with intent to defraud, made or concurred in making a false entry in a cash book belonging to the said C.D., his employer, purporting to show that on the said day Le100 had been paid to L. M. Same as first count A. B., on he………day of………..at……………….in the Western Area of Sierra Leone, being clerk or servant to C.D., with intent to defraud, omitted or concurred in omitted from or from or in cash book belonging to the said C.D., his employer, a material particular that is to say, the receipt on the day of Le100 from H.S. First Court Fraudulent conversion of property, contrary to section 20 (1) (iv) (a) of the Larceny Act, 1916. A. B., on the …………..day of …………….at ………….in the Western Area of Sierra Leone, fraudulently converted to his own use ….. Province Or benefit certain property, that is to say, Le100 entrusted to him by E.S. in order that he, the said A. B., might retain the same in safe custody. Fraudulent conversion of property, contrary to section 20 (1) (iv) (b) of the Larceny Act, 1916. A.B., on the…………..day of…………..at …………………in the Western Area of Sierra Leone, fraudulently converted to his own use …………..Province or benefit certain property, that is to say, the sum of Le400 received by him for and on account of L.M.