Law library · Sierra Leone · THE CRIMINAL PROCEDURE ACTS, 1965
Section 148, THE CRIMINAL PROCEDURE ACTS, 1965
RepealedTHE CRIMINAL PROCEDURE ACTS, 1965, Sierra Leone
(1) Where, before trial upon indictment or at any stage of such trial, it appears to the Court that the indictment isdefective, the Court shall make such order for the amendment of the indictment as the Court thinks necessary to meet
the circumstances of the case, unless having regard to the merits of the case, the required amendments cannot be
made without injustice. All such amendment shall be made upon such term as the Court shall seem just.
(2) Where an indictment is so amended, a note of the order for amendment shall be endorsed on the indictment, and
the indictment shall be treated for the purposes of all proceedings in connection therewith as having been filed in the
amended form.
(3) Where before a trial upon indictment or at any stage of such trial the Court is of opinion that the accused may be
prejudiced or embarrassed in his defence 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 the accused should be tried separately for any one
or more offences charged in an indictment, the Court may order a separate trial of any count or counts of such
indictment.
(4) Where, before trial upon indictment or at any stage of such trial, the Court is of opinion that the postponement of
the trial of the accused is expedient as a consequence of the exercise of any power of the Court under this Act, the
Court shall make such order as to the postponement of the trials as appears necessary.
(5) Where an order of the Court is made under this section for a separate trial or for postponement of a trial—
a. if such order is made during a trial with a jury or during a trial with assessors, the Court may order that the
jury or the assessors be discharged from giving a verdict or opinions, as the case may be, on the count or
counts the trial of which is postponed, or on the indictment as the case may be; and
b. the procedure on the separate trial of a count shall be the same in all respects as if the count had been
contained in a separate indictment, and the procedure on the postponed trial shall be the same in all respects
(provided that the jury or assessors, if any, have been discharged) as if the trial had not commenced; and
c. the Court may make such order as to admitting the accused to bail, and as to the enlargement of
recognisances and otherwise as the Court thinks fit.
(6) Any power of the Court under this section shall be, in addition to and not in derogation of any other power of the
Court for the same or similar purposes.
Read the whole lawDownload PDFAsk Tima what this means
Check the current official version before relying on this text. MiLAWYER shares legal information, not legal advice.