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Law library · Sierra Leone · THE CRIMINAL PROCEDURE ACTS, 1965

Section 115: Defence.

RepealedTHE CRIMINAL PROCEDURE ACTS, 1965, Sierra Leone

(1) After the examination of the witnesses called on behalf of the prosecution, and provided that the Court does not consider that the case should be dealt with in accordance with the provisions of section 118, the Court shall address the accused as follows— “The charge (or charges) is (or are)………………………………………….(read the charge or charges). Having heard the evidence do you wish to say anything in answer to the charge (or charges)? Your are not obliged to say anything unless you desire to do so, but whatever you say will be taken down in writing and may be given in evidence upon your trial. And I want you to understand clearly that you have nothing to hope from any promise of favour, and nothing to fear from any threat which may have been held out to you to induce you to make any admission or confession of your guilt. But whatever you say now may be given in evidence notwithstanding such promise or threat." And the Court shall then hear the accused. (2) The whole of the statement of the accused shall be recorded in full, and shall be shown or read to the accused, and he shall be at liberty to explain or add to his statement. (3) When the whole is made conformable to what the accused declares is the truth, the statement shall be attested by the Magistrate, who shall certify that such statement was taken in his presence and hearing and contains accurately the whole statement made by the accused. The accused shall sign or attest by his mark such record. If he refuses, the Court shall add a note of his refusal and the statement may be used as if he had signed or attested it.

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