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Section 38, The Anti-Corruption Act, 2000

Status not yet checkedThe Anti-Corruption Act, 2000, Sierra Leone

(1) An indictment relating to an offence based on a report of the Commission referred to in section 36, orsummary of such report duly signed by the Commissioner, shall be preferred without any previous committal for trial, and it shall in all respects be deemed to have been preferred pursuant to a consent in writing by a judge granted under subsection (1) of section 136 of the Criminal Procedure Act, 1965 and shall be proceeded with accordingly. (2) On the trial on indictment preferred under this section, an extract of the findings of the Commission, signed by the Commissioner, to the effect that a particular person is, or particular persons are implicated in any offence under this Act shall, without more, be sufficient authority for preferring that indictment in respect of any such offence as is disclosed in or based on the report or those findings. (3) An indictment preferred under this section shall be filed and served on the accused together with the summary of the evidence of the witnesses which the prosecution relies on for the proof of the charge contained in that indictment and the names of such witnesses shall be listed on the back of the indictment. (4) The prosecution may, upon giving to the Registrar of the Court and to the accused a notice of his intention to do so together with a summary of the evidence to be given by that witness, call as additional witness any person not listed on the back if the indictment who may give necessary or material evidence at the trial of any indictment under this section, whether or not that person gave any evidence during an investigation by the Commission. (5) The trial of any offence under this Act shall have priority of hearing in the Court over any other indictment except an indictment for treason, murder or other capital offence.

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