Law library · Sierra Leone · The Criminal Procedure Act, 2024
Section 76, The Criminal Procedure Act, 2024
Status not yet checkedThe Criminal Procedure Act, 2024, Sierra Leone
(1) Where a person is charged with an offence - (a) of murder or treason he shall not be admitted
to bail except by a Judge;
(b) for which the maximum penalty is life
imprisonment, the Court may, if it thinks fit,
admit him to bail;
(c) other than those referred to in paragraphs
(a) and (b), the Court shall admit him to bail,
unless the prosecutor proffers good and
sufficient reasons, on affidavit, why bail
should not be granted.
(2) A person may be admitted to bail at any time and
thereupon shall be discharged from custody or correctional centre if
he is not detained for any other cause.
(3) A Judge may, if he thinks fit, admit a person to bail
although the Court before whom the charge is pending has not
thought it fit to do so.
38 39
Transfer and
discharge of
defendants of
unsound mind.
Trial to be
discontinued
in certain
Resumption
of trial or
investigation.
Certificate
of medical
officer to be
Form 16
Admission
to bail by
Judge or
Form 15
(4) A defendant who is admitted to bail shall procure such
surety or sureties as in the opinion of the Court will be sufficient to
ensure his appearance as and when required and shall with him or
them, enter into a recognisance accordingly.
(5) The Court may dispense with sureties if, in its opinion,
its so dispensing will not tend to defeat the ends of justice and may
make such orders, as it may deem fit, including that the defendant -
(a) surrenders his travelling documents to the
Court pending the hearing or trial;
(b) reports at such place and at such times as
the Court may determine;
(c) gives a definite place of abode or residence;
(d) be subject to restriction on his movement or
such terms as the Court may determine.
(6) Where the defendant is required to procure a surety
or sureties, the recognisances of the sureties may be taken separately
and either before or after the recognisance of the defendant.
(7) The Rules of Court Committee may make such rules
as may be necessary for giving effect to this section.
Read the whole lawDownload PDFAsk Tima what this means
Check the current official version before relying on this text. MiLAWYER shares legal information, not legal advice.