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Section 138, The Criminal Procedure Act, 2024

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

(1) Where a defendant committed for trial in the High Court for an offence for which the sentence is life imprisonment is not put on trial within 90 days after the date of his committal, he shall, if in a correctional center, on his application by way of motion made on the last day of such period, or any day thereafter, be admitted to bail unless it is made to appear to the Court on oath, before the end of the 90-day period that the prosecution witnesses or any of them could not have been brought before the Court or for some other reason. (2) Where a defendant on trial in the High Court for an offence other than an offence for which the penalty is life imprisonment is not tried by the end of the 180 day period after the defendant's first appearance in the High Court, he shall, be entitled on the expiration of the 180 days period to be acquitted or discharged unless the Court sees good reason to the contrary. (3) In the case of persons who are charged jointly, if one or more have elected in accordance with section 142 to be tried by a Judge with the aid of assessors, he or they may withdraw that election and elect to be tried by a Judge alone provided this change of election is made before the time allowed has expired, otherwise the change of election shall have no effect. AMENDMENT

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