The Courts (Amendment) Act, 1966

Åssented to in Her Majesty's name this 30th day of Suly, 1966. LS No. 21 Sierra Leone H. J. L. BOSTON, Governor-General. The Courts (Amendment) Act, 1966 I30:h Jiuly, 1900.J BE IT ENACTED by the Queen's Most Excellent Majesty, by and with the advice and consent of the House of Representatives in this present Parliament assembled, and by the authority of the Same, as follows: A 87 Short title. Date of commence ment.

Section 2 of the Courts Act (hereinafter refcrred to as Amendnentof 1965. the principalAct) is hereby amended by substituting for the word of section 2 and figure " subsection (2) " in the fourth line of the definition of of Act No, 31 Magistrate the words and figures subsections (2) and (3) ". A 88 of section 5 of Act No. 31 of 19965. No. 21 of section 45 31 of 1965. of section 42 of Act No. 31 follows of 1965. of subsec tion (3) of Z. Section 5 of the principal Act is hereby amended ae follows

(a) by the deletion in the first line of subsection (2 thereof of the words place in the Provinces or in the Sherbro ": and (b) by the addition thereto Courts (Amendment) subsection of the to following new (3) Subject to the general or special directions of the Chief Justice, a District Officer shall perform the functions and duties of a Magistrate in any district to which he has been appointed as such an a District Officer appointed to the Bonthe District shall also perform the functions and duties of a Magistrate in the Sherbro Judicial District.". Section 42 of the principal Act is hereby amended as (i) by the substitution for paragraph (a) of the first proviso to subsection (1) thereof of the following new paragraph (ii) by the substitution for paragraph (a) of the proviso subsection (3) thereof of the following new paragraph " (a) against the acquittal or discharge of the accused or defendant except on a question of law; of AGt No. repealed and replaced by the following new subsection * (a) no appeal shall lie against the acquittal or discharge of the accused Or defendant,

Subsection (4) of section 45 of the principal Act is herebyof the 6 (4) (a) On an appeal against the acquittal or discharge the accused or defendant, the Supreme Court may notwithstanding that it is of the opinion that the question of law raised in the appeal might of decided in favour of the appellant, dismiss the appeal if it considers that no substantial misca riage of justice has actually occurred. (6) Subject and without prejudice to the provisions of paragraph (a), the Supreme Court may affirm. alter or reverse the decision appealed against or order a retrial of the accused or defendant. (c) In every such case, the Supreme Court may givre Such consequential directions as it may deem

Subsection (3) of section 51 of the principal Act is herebyamended by the substitution for the figure " 51 " in the first line except on a question of law; and . No. 21 Courts (Amendment)

Section 57 of the principal Act is hereby amended as Amendmentfollows (a) by renumbering that section as section 57 (1): and (b) by adding at the end thereof the following new subsection " (2) Any person aggrieved by the acquittal or discharge of the accused or defendant before the Supreme Court may appeal to the Court of Appeal against such acquittal or discharge : Provided that no such appeal shall lie except on a question of law.". *(6) (a)

Section 58 of the principal Act is hereby amended by the Amendmentaddition at the end thereof of the following new subsection (b) Subject and without prejudice to the provisions of paragraph (a), the Court of Appeal may (i1) affirm or alter the decision appealed against; On an appeal against the acquittal or discharge 31 of 1965. of the accused or defendant the Court of Appeal may, notwithstanding that it is of the opinion that the question of law raised in the appeal might be decided in favour of the appellant, dismiss the appeal if it considers that no sub stantial miscarriage of justice has actually Occurred. (i1) except in cases where an accused has been acquitted of a criminal offence punishable by death, reverse the decision appealed against; (ii)order defendant. a A 89 retrial of the accused of section 57 of Act No. 31 of 1965. (c) In every such case, the Supreme Court may give such consequential directions as it may deem fit.". of section 58 of Act No. io, 21 P'assed in the yr f Counts (Amendrmenty 1966 the Home tf Retesentatives this 28th day of July. t Ltd ite thoT ine hundred 2d sixty-sIX. MP PM 4/5% S. V. RIGHT. Clerk of the House of Representatives. T1S Pu1*T ED JMPRESSiN has been carefully com pared by me with the Bil] which has passed the HouSE of Representztives and found by me to be 4 frue and orectly prínted copy of the said Bil). S. V. WRIGHI. Clerk of the House of Representatives.