Law library · Sierra Leone · The Criminal Procedure Act, 2024
Section 103, The Criminal Procedure Act, 2024
Status not yet checkedThe Criminal Procedure Act, 2024, Sierra Leone
(1) A Magistrate Court may, where - (a) at a time or place appointed by summons or
on the adjournment of a hearing, a defendant
does not appear, and, in the case of a
summons, it is duly proved that the summons
was served on the defendant within a
reasonable time before the time for his
appearance; and
(b) the charge is not an offence punishable by a
term of imprisonment exceeding one year,
proceed with the hearing and convict the
defendant in his absence, or refrain from
doing so until he shall be brought before it.
(2) A Magistrate Court may, set aside a conviction made
in the absence of a defendant upon being satisfied that his absence
was due to causes over which he had no control and that he has a
good defence upon the merits.
(3) A sentence of imprisonment passed under subsection
(1) shall be deemed to commence from the date of arrest.
(4) A Magistrate Court shall, where, in its discretion,
refrains from convicting in his absence, a defendant who -
(a) has not appeared; and
(b) is charged with an offence punishable by a
term of imprisonment not exceeding one year;
issue a warrant for the arrest of the defendant and cause him to be
brought before it.
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