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Law library · Sierra Leone · The Criminal Procedure Act, 2024

Section 175, The Criminal Procedure Act, 2024

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

(1) The Court may, where it appears that a person inrespect of whom an Order for Conditional Discharge has been made has been convicted of an offence committed during the Period of Conditional discharge issue - (a) a summons requiring that person to appear at the place and time specified in the summons; or (b) a warrant for his arrest. (2) A summons or warrant issued under subsection (1), shall direct that the person to whom it relates appear or be brought before the Court by which the Order for Conditional Discharge was made. (3) A Magistrate Court shall, where a person in respect of whom an Order for Conditional Discharge has been made by the High Court is convicted by the Magistrate Court of an offence committed during the Period of Conditional Discharge, - (a) commit him to custody or release him on bail until he can be brought before the High Court; and (b) send to the High Court a copy of the magisterial notes or records and the Order of the Magistrate Court in respect of the conviction signed by the Registrar or other officer of the Court. (4) Where it is proved to the satisfaction of the Court by which an Order for Conditional Discharge was made that the person in whose case the Order was made has been convicted of an offence committed during the Period of Conditional Discharge, the Court may deal with him, for the offence for which the order was made, in a way in which it could deal with him if he had just been convicted by or before that Court of that offence. (5) Where a person in respect of whom an Order for Conditional Discharge has been made by a Magistrate Court is convicted before the High Court of an offence committed during the Period of the Conditional Discharge, the High Court may deal with him, for the offence for which Conditional Discharge has been made by the Magistrate Court, in a way in which the Magistrate Court could have dealt with him if it had just convicted him of that offence. (6) Where a person in respect of whom an Order for Conditional Discharge has been made by a Magistrate Court is convicted by another Magistrate Court of an offence committed during the Period of Conditional Discharge, that other Magistrate Court may, with the consent of the Court which made the Order, deal with him, for the offence for which the Order was made, in a way in which the Court could have dealt with him if it had just convicted him of that offence.

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