The Courts (Amendment) Act, 1981 Short tite.

ACTS Supplement to the SierraLeone Gazette Vol. CXII,No.32 dated 1lth June, 198 1 SIGNED this 9th day of June, 1981. SIAKA STEVENS, President. LS No. 2 1981 Sierra Leone The Courts (Amendment) Act, 1981 Short tite. [lth June, 1981]Dateof Commenoe Be IT ENACTED by the President and Members of Parliament in ment. this present Parliament assembled, as folows :- 1 Section 6 of the Courts Act. 1965 (hereinafter referred to Repealand as the principal Act) is hereby repealed and replaced by therolaccment following new section– ofSection6 of Act, No. 31 of 1965. No. 2 The Courts (Amendment) 1981 "Crininal 6. (1)In addition to any criminal jurisdiction which urisd:ction. may be conferred upon Magistrates' Courts by any other enactment, every such Court shall, notwithstand ing any enactment to the contrary, have jurisdiction to try summarily (a) (i) any offence committed within the torial waters of Sierra Leone, or in any port, harbour, wharf. airport in Sierra Leone punishable by sentence of impri sonment for a term not exceeding five years or a fine not exceeding twenty-five thousand leones, or both such imprison ment and such fine; (ü) any offence punishable by sentence of imprisonment for a term not exceeding five years or' a fine not exceeding two thousand leones or both such imprison ment and such fine: (b) with the consent of the accused but not otherwise any offence if during the course of a preliminary investigation the Court shall conclude that, having regard to the circumstances of the case. the offence is one which if proved can be suitably punished by a sentence of imprisonment for a term not exceeding seven years or a fine not exceeding three thousand leones; Provided that the Court shall not try summaril under this section any of the offences specified in the Second Schedule. Procedure (2)If, in the course of the hearing, circum where ofence stances should appear which shall cause the Court to Dp be of the opinion that the offence, on account of itssuitable for sggravated character or other sufficient reason, is notsummary determina suitable to be disposed of upon summary trial, the tion. Court may, instead of adjudicating commit the defendant for trial on indictment before the High Court and in such ase shall follow the procedure directed in Part III of the Criminal Procedure Act in relation to preliminarý învestigation. (3) Where under paragraph ()of subsection (l) a Magistrate's Court has ceascd to enquire into an Information as a preliminary investigation and begun No. 2 The Courts (Amendment) 1981 3 totry the information summarily, the Cou may. at any time before the conclusion of the evidence for the prosecution, discontinue the summary trial and resume the preliminary investigation. (4) No Magistrate's Court presidecl over by Justices of the Peace shall impose a sentence of impriscnment for a term exceeding one year or a fine exceeding three hundred leones or both such imprison ment and such fine.'"

Subsection (l) of Section 7 of the principal Act is hereby Amendmentamended by the substitution of the words five thousand leones i of subsection for the words one thousand ive hundred leones "appearing in (1)of Section of Act No, line eight thereof. 31 of 1965.

The Second Schedule of the principal Act is hereby Repeal andrepealed and replaced by the following new Schedule- replacement of Second SECOND SCHEDULE Schedule. LIST OF OFFENCES NOT TRIABLE SUMMARILY UNDER SECTION 6 1. Any offence punishable by death or imprisonment for life. 2. Arson, contrary to sections 2, 3 or 17 of the Malicious 24 and 25 Damage Act. 1861. Vict. C. 97. 3. contrary tosection 18 of the Offences against the Person Vic. C. 100. Wounding or causing grievous bodily harm with intent,24 and 25 Act, 1861.

Bigamy and offences against the laws relating tomarriages.

or defamatory libels. Composing. printing or publishing blasphernous, seditious

Unlawful combinations and conspiracies, except conspiracies er combinations to commitany offence which the Court has jurisdiction to try cither with or without consent when committed by onc person.

1963. 1963,

4 No. 2 The Courts (Amendment) 1981

Passed in Parliament this 8th day of April, in the year of our Lordone thousand nine hundred and eighty-one. J. W. E. DAVIES, Clerk of Parliament. THIS PRINTED IMPRESSION has been carefully compared by me with theBill which has passed Parliament and found by me to be a true and correctly printed copy of the said Bill. J. W. E. DAVIES, Clerk of Parliament.