Part 5, The Armed Forces of the Republic of Sierra Leone (Amendment) Act, 2000 [Margin: Short title.]

(4) If, on an appeal, it appears to the Court of Appeal that, although the appellant committed the act or omission charged against him, he was insane at the time the act was done, or the omission made, so as not to be responsible according to law for his actions, the Court may quash the sentence passed at the trial and order the appellant to be kept in custody under section 109, in like manner as on a special finding of insanity by the court-martial by which the appellant was convicted. (5) The term of any sentence passed by the Court of Appeal under subsections (1) to (4) shall, unless the Court otherwise directs, begin to run from the time from which it would have begun to run if it had been passed in the proceedings from which the appeal is brought, and any such sentence shall be deemed for the purposes of this Act to be a sentence passed by the court-martial being a sentence that has been confirmed. [Margin: Appeals to be final.] 133. Any determination by the Court of Appeal of any appeal or other matter which it has power to determine under this Part, shall be final and no appeal shall lie from the Court to any other court. [Margin: Supplementary powers of Court of Appeal.] 134. For the purposes of this Part, the Court of Appeal may, if it thinks it necessary or expedient in the interests of justice, appoint any person with special expert knowledge to act as assessor to the Court 6 No. 13 Armed Forces of the Republic of Sierra Leone (Amendment) Act 2000 in any case where it appears to the Court that such special knowledge is required for the proper determination of the case. [Margin: Proceedings to be heard in absence of appellants.] 135. An appellant shall not be entitled to be present at the hearing of an appeal to the Court of Appeal under this Part or at any proceedings preliminary or incidental to such an appeal except where rules of court provide that he shall have the right to be present or the Court gives him leave to be present, and accordingly, any power of the Court under this Part to pass a sentence may be exercised notwithstanding the absence of the appellant. [Margin: Defence of appeals.] 136. It shall be the duty of the Attorney-General and Minister of Justice on appeal against a decision of a court-martial to undertake the defence of the appeal. [Margin: Right of appellant to present his case in writing.] 137. An appellant may, if he so desires, instead of presenting his case orally, present it in writing in the prescribed form.