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Section 60, The Sierra Leone Correctional Service Act, 2014

Status not yet checkedThe Sierra Leone Correctional Service Act, 2014, Sierra Leone

(1) Notwithstanding the provisions of section 59, anyhabitual criminal sentenced to imprisonment whether by one sentence or consecutive sentences for a period of three years or more who is released under section 59 shall, unless the Council otherwise directs, be subject to a Supervision Order. (2) Any Supervision Order under subsection (1) shall be issued by the Director-General and shall authorise the inmate to be at large in Sierra Leone or in any part of Sierra Leone as shall be specified in the Supervision Order; and it shall be lawful for the Council to revoke or alter any Supervision Order at its discretion. (3) Any Supervision Order issued under this section shall, unless revoked or forfeited, continue in force for a period not exceeding twelve months and shall then expire. (4) So long as a Supervision Order continues in force the inmate shall be subject to the supervision order but shall not be liable to imprisonment by reason of his sentence, but shall be allowed to go and remain at large according to the terms of the Supervision Order. (5) Every Supervision Order shall be in the prescribed form and shall be issued subject to the following conditions:- (a) the finger prints of the person subject to the Supervision Order shall be impressed on the order and a photograph of the person's front and side face shall be affixed. (b) the person shall keep the Supervision Order in his possession and shall at all times produce it on demand, when called upon to do so by a Magistrate or Police Constable or person under whose supervision the person has been placed; 34 35 Remission of part of sentence of certain Habitual criminals may be released subject to Supervision Order. No. 5 Sierra Leone Correctional Service Act 20 14 No. 5 Sierra Leone Correctional Service Act 20 14 (c) the person subject to a Supervision Order shall abstain from any violation of the law; (d) the person subject to a Supervision Order shall not habitually associate with notoriously bad characters such as reputed thieves, housebreakers, receivers of stolen property and the like; (e) the person subject to a Supervision Order shall, at the time of discharge from a correctional centre, inform the officer in charge of the correctional centre of the District and place in which he intends to reside, and shall with all convenient speed proceed to the District and report himself personally to the person under whose supervision he has been placed within fortyeight hours of arrival or so soon after that as is practicable; (f) the person subject to a Supervision Order shall notify the supervisor of any change of address within the District and shall also inform the supervisor if he intends to leave the District; (g) on arrival in any new District the person shall report to the person to whom he has been told to report by the person under whose supervision he has been placed, within fortyeight hours of arrival or so soon thereafter as is practicable; (h) any other conditions which the Director- General may impose. (6) If a person subject to a Supervision Order issued under this Act fails to comply with any of the conditions of the Supervision Order the person shall be guilty of an offence and, in addition to any other penalty incurred in respect of the act constituting the breach, shall, on summary conviction, be liable to imprisonment for a period not exceeding six months and the Magistrate by whom the person is convicted may order the Supervision Order to be forfeited. (7) A constable may arrest without warrant any person whom he reasonably suspects to have committed an offence contrary to this section. (8) Where a supervision order is forfeited or revoked the person whose supervision order is forfeited or revoked shall, after undergoing any other punishment (if any) to which the person may be sentenced for the offence in consequence of which the Supervision Order is forfeited or revoked, further undergo a term of imprisonment for the outstanding portion of the Supervision Order that remained unexpired at the time the person failed to comply with the conditions of the order or such portion as the Director-General may direct. (9) If a person subject to a Supervision Order issued under this Act proves to the satisfaction of the person under whose supervision he has been placed, a District officer or a police officer of or above the rank of Assistant Superintendent, that he has lost the Supervision Order, the person shall be entitled to a duplicate of the Supervision Order. (10) Whenever a Supervision Order is revoked by the Director-General, a Magistrate shall, on the production of a certificate of the revocation, issue a warrant, which may be executed in any part of Sierra Leone for the apprehension of the person to whom that Supervision Order was issued, and the person being apprehended shall be brought before the Magistrate, who shall make out a warrant for the recommitment of the person to a correctional centre to undergo imprisonment for the outstanding portion of the Supervision Order that remained unexpired at the time the Order was revoked or the portion of the order as the Director-General may direct. 36 37 No. 5 Sierra Leone Correctional Service Act 20 14 No. 5 Sierra Leone Correctional Service Act 20 14 (11) Whenever a Supervision Order is forfeited by the Order of a Magistrate under this section, the Magistrate shall make out a warrant for the recommitment of the person to undergo the outstanding portion of the Supervision Order that remained unexpired at the time the Order was forfeited or a portion as the Director-General may direct. (12) For the purpose of this section the expression “habitual criminal” means a person who is not less than twenty-five years of age and who- (a) is convicted on an information of an offence punishable with imprisonment for a term of three years or more; or (b) has been convicted on at least three previous occasions since he attained the age of twenty of offences punishable on an information with such a sentence.

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