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Section 112, The Criminal Procedure Act, 2024

Status not yet checkedThe Criminal Procedure Act, 2024, Sierra Leone

A Magistrate shall, at the initial appearance of a defendantbefore a Magistrate Court on summons, warrant or otherwise,- (a) cause the substance of the charge or charges against the defendant to be read to him in an audible voice and in a language which he understands and he shall not be required to take a plea; (b) notify the prosecution and the defendant that - (i) the decision to commit the defendant for trial shall be taken not more than 28 days after the initial appearance or at such later date as may be permitted by the Court; (ii) the prosecution shall, not later than 14 days before the date fixed for committal, file in the Court and serve on the defendant copies of all written statements of the witnesses whom the prosecution intends to call at the trial, including those obtained from the defendant and all documents together with a list of all physical and material evidence it intends to tender at the committal hearing: Provided that such period of 14 days shall be extended for a further period not exceeding 7 days if the prosecution makes such an application before the expiration of the said 14-day period; (c) inform the defendant that - 58 59 Committal proceedings not to be held in public. Proceedings at initial appearance. (i) if after service of the written statements, documents and list referred to in subparagraph (ii) of paragraph (b), he wishes to object to the use of the written statements, documents and physical and material evidence, he shall do so, not less than 7 days before the date fixed for the committal hearing by filing a notice to that effect in Court; (ii) if he wishes to give evidence himself or to call witnesses in his defence at the committal proceedings, he shall, not later than 7 days before the date fixed for the committal hearing, file in the Court and serve on the prosecution, the written statements made by himself and his witnesses. (d) release the defendant on bail or remand him in custody in accordance with section 76.

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