First Schedule, The Criminal Procedure Act, 2024

The Criminal Procedure Rules. GENERAL PROVISIONS 1. Figures and abbreviations may be used in an information orindictment for expressing anything which is commonly expressed thereby. 2. (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. 106 107 Repeal and savings. Use of figures and abbreviations. Mode in which offences are charged. Section 49 (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. 3. (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. 4. (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 individual. (3) Property belonging to or provided for the use of a Government establishment, service, or department, may be laid as the property of the Government of Sierra Leone. (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 a 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 defendant 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". 5. Where it is necessary to refer to a document or instrument in an information or indictment, it shall be described by a name or designation by which it is usually known, or by the purport thereof, without setting out a copy thereof. 6. Subject to these rules, it shall be sufficient to describe a place, thing, matter, act or omission whatsoever to which it is necessary to refer in an 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. 108 109 Statutory offences. Description of property. Description of document. General rule relating t o description. 7. It shall not be necessary in stating any intent to defraud deceive or injure a 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. 8. 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 defendant has been previously convicted of that offence at a certain time and place without stating the particulars of the offence. INDICTMENT An 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 HIGH COURT OF SIERRA LEONE The..............day of 20…. At the High Court holder at..............on the.......day. of 20.......The Court is informed by the Attorney-General on behalf of the State at the instance of C.D. the Prosecutor that A.B is charged with the following offence (offences)- FORMS OF INDICTMENT FORM 1- Murder Murder. A.B., on the……day of………………20………,…. at…………………in the Western Area/Province of the Republic of Sierra Leone, murdered J.S. FORM 2- Accessory after the fact to Murder Accessory after the fact to murder. A.B., well knowing that one H.C. had murdered J.S., did on the……….day of……………..20 ……, and on other days thereafter, at…………..in the Western Area/Province of the Republic of Sierra Leone, receive, comfort, harbour, assist and maintain the said H. C. FORM 3-Manslaughter Manslaughter. A.B., on the ……. day of ………20……, at………..in the Western Area/Province of the Republic of Sierra Leone, unlawfully killed J.S . 110 111 Statement of intent. Charge of previous conviction. FORM 4-Rape Rape, contrary to section 6 of the Sexual Offences Act, 2012, Act No. 12 of 2012 A.B., on the ……. day of ……….20……..,at………in the Western Area/Province of the Republic of Sierra Leone, intentionally had sexual penetration with C.D., without her consent. FORM 5-Wounding with intent Wounding with intent, contrary to section 18 of the Offences against the Person Act, 1861. A.B., on the ……. day of ………20……., at………..in the Western Area/Province of the Republic of Sierra Leone, wounded C.D, with intent to do him grievous bodily harm, (or to maim, disfigure, or disable him, or to resist the lawful apprehension of him the said A.B). Wounding, contrary to section 20 of the Offences against the Person Act, 1861. . A.B., on the…….day of……,,,,20……., at…………in the Western Area/Province of the Republic of Sierra Leone, maliciously wounded C.D. FORM 6-Larceny Larceny, contrary to section 13(a) of the Larceny Act, 1916. A.B., on the…..day of………20….., at…………..in the Western Area/Province of the Republic of Sierra Leone, stole one watch of the value of Le.10,000 (Ten Thousand Leones), and two pair of shoes of the value of Le.20,000 (Twenty Thousand Leones), the property of M.N, in the dwelling-house of P.S. FORM-7-Larceny Larceny, contrary to section 17(1) (a) of the Larceny Act, 1916. A.B., on the……..day of………20….., at…………in the Western Area/Province of the Republic of Sierra Leone, being clerk or servant to M.N., stole from the said M.N. ten yards of cloth. Embezzlement, contrary to section 17(1) (b) of the Larceny Act, 1916. A.B., on the……..day of…………20….., at…………..in the Western Area/Province of the Republic of Sierra Leone, being clerk or servant to M.N., fraudulently embezzled Le. 20,000 (Twenty Thousand Leones) in money ("any chattel, money or valuable security") received by him for or in the name or on the account of the said M.N. his master ("master or employer"). 112 113 COUNT THREE Receiving stolen goods, contrary to section 33 (1) of the Larceny Act, 1916. A.B., on the…..day of………..20……, at……in the Western Area/Province of the Republic of Sierra Leone, did receive a bag, the property of C.D., knowing the same to have been stolen. FORM 8- Robbery with Aggravation Robbery with aggravation, contrary to section 23 (1) (a) of the Larceny Act, 1916. A.B., on the……..day of……………20….., at…………in the Western Area/Province of the Republic of Sierra Leone, being armed with a gun, robbed C.D., of Le.20,000 (Twenty Thousand Leones). FORM 9- Robbery with Violence Robbery with violence, contrary to section 23 (1) (b) of the Larceny Act, 1916. A.B., on the……..day of……………20….., at…………in the Western Area/Province of the Republic of Sierra Leone, robbed C.D., of a watch, and at the time of or immediately before or immediately after such robbery did use personal violence to the said C. D. FORM 10- Burglary and Larceny Burglary, contrary to section 25 (1) of the Larceny Act, 1916. A.B. in the night of the…...day of…………20…….at…………in the Western Area/ Province of the Republic of Sierra Leone, broke and entered the dwelling-house of C.D. with intent to steal therein. FORM 11 Burglary and Larceny, contrary to sections 25 (1) and 13 (a) of the Larceny Act, 1916. A.B. in the night of the………day of……………20…., at…………in the Western Area/Province of the Republic of Sierra Leone, broke and entered the dwellinghouse of C.D. with intent to steal therein and stole therein [a watch], the property of [the said S.T. or as the case may be) the said [watch] being of the value of Le.20,000 (Twenty Thousand Leones). FORM 12- Obtaining goods by false pretences Obtaining goods by false pretences, contrary to section 32 (1) of the Larceny Act, 1916. 114 115 A. B., on the……….day of………….20….., at…………..in the Western Area / Province of the Republic of Sierra Leone, with intent to defraud, obtained from S. P. five yards of cloth by falsely pretending that he the said A. B. was a servant to J. S., and that he the said A. B. had then been sent by the said J. S. to S. P. for the said cloth, and that he the said A. B. was then authorised by the said J.S. to receive the said cloth on behalf of the said J.S. FORM 13- Conspiracy to defraud Conspiracy to defraud. A.B. and C.D., on the………day of ………and on divers days between that day and the ……..day of………..at……………in the Western Area/Province of the Republic of Sierra Leone, conspired together, and with other persons unknown, 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/Province of the Republic of Sierra Leone, and that they were then able to supply certain articles jewellery to whomsoever would remit to them the sum of ……….Leones. FORM 14-Arson Arson, contrary to section 2 of the Malicious Damage Act, 1861. A.B., on the…day of……………20………at…………………in the Western Area/ Province of the Republic 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…………20……., at……………in the Western Area/ Province of the Republic of Sierra Leone, maliciously set fire to a house with intent to injure or defraud. FORM 15 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………......20……, at……………in the Western Area/Province of the Republic of Sierra Leone, set fire to a house with intent to injure or defraud. C.D., on the same day, at ……….. in the Western Area/Province of the Republic of Sierra Leone, did counsel, procure, and command the said A.B. to commit the said offence. 116 117 FORM 16 Damaging trees, contrary to section 22 of the Malicious Damage Act, 1861. A. B., on the……..day of…………20……, at………….in the Western Area/Province of the Republic of Sierra Leone, maliciously damaged a mango tree there growing, and did injury to the amount of ……….Leones 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……….. 20……, and at…………, on the……day of…………..20….. FORM 17 Forgery, contrary to section 2(1) (a) of the Forgery Act, 1913. A. B., on the…….day of……………20……, at……………in the Western Area/Province of the Republic 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………….20……,at………….in the Western Area/Province of the Republic 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. FORM 18 Uttering counterfeit coin, contrary to section 6 (1) of the Coinage Offences Act, 1965. A.B., on the……..day of………….20………, in the public market at……………in the Western Area/Province of the Republic of Sierra Leone, uttered a counterfeit ……..cent(s) coin, knowing the same to be counterfeit. FORM 19 Perjury, contrary to section 1 (1) of the Perjury Act, 1911. A. B., on the ……day of………….20…, at…………….in the Western Area/Province of the Republic of Sierra Leone, being a witness upon the trial of an action in the High Court of Sierra Leone in which one………….was plaintiff, and one…………..was defendant, knowingly falsely swore that he saw one M. N. in the street called………………street, …………….in the Western Area/Province, on the……….day of…………20… 118 119 (Section 36) FORM 20 Falsification of accounts, contrary to section 1 of the Falsification of Accounts Act, 1875. A. B., on the.…day of………….20……, at……………in the Western Area/Province of the Republic 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 Le. ……..had been paid to L.M. [Same as Count One] A. B., on the…day of………..20……, at……………….in the Western Area/Province of the Republic of Sierra Leone, being clerk or servant to C.D., with intent to defraud, omitted or concurred in omitting from or in a cash book belonging to the said C.D., his employer, a material particular that is to say, the receipt on the said day of Le…….. from H.S. FORM 21 Fraudulent conversion of property, contrary to section 20 (1) (iv) (a) of the Larceny Act, 1916. A. B., on the..…..day of ……………20….., at ………….in the Western Area/Province of the Republic of Sierra Leone, fraudulently converted to his own use or benefit certain property, that is to say, Le…......... 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…………..20…….., at …………in the Western Area/Province of the Republic of Sierra Leone, fraudulently converted to his own use or benefit certain property, that is to say, the sum of Le…………received by him for and on account of L.M. 120 121 (Section 26)