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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.

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