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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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