Sierra Leone has a major new law that changes how the criminal justice system works. Signed into law on October 11, 2024, the
Criminal Procedure Act 2024 is a landmark piece of legislation that repeals and replaces the old law from 1965.
Whether you are a citizen, a police officer, a business owner, or a legal professional, this Act introduces significant updates that you need to know about. This guide on Lanbuk.com breaks down the most important parts of the Act in simple terms.
What is the Criminal Procedure Act 2024?
The Criminal Procedure Act 2024 is the new rulebook for how criminal cases are handled in Sierra Leone. It was enacted to repeal the outdated Criminal Procedure Act of 1965 and to introduce modern procedures for every stage of a criminal case. This includes new rules for arrests, court trials, and, most notably, sentencing.
The Act was published in the Sierra Leone Gazette on October 10, 2024, and signed into law by President Dr. Julius Maada Bio. Its goal is to create a more efficient, fair, and modern justice system.
Key Changes That Affect You: From Arrest to Sentencing
The Act brings several modern changes. Here are the most critical updates that every Sierra Leonean should be aware of.
Your Rights on Arrest
The Act clarifies the procedures and protects your rights during an arrest:
- Reason for Arrest: A police officer or any other person making an arrest must inform the person being arrested of the reason for the arrest.
- Time Limits: An arrested person must be brought before a court without unnecessary delay. The specific time limits are:
- Within 72 hours of arrest for most offences.
- Within 10 days from the date of arrest for very serious offences, such as those punishable by life imprisonment or economic crimes.
- Use of Force: An arrested person shall not be subjected to more restraint than is necessary to prevent their escape. Police may only use force that is sufficient to make the arrest if a person resists.
Rules for Bail
The Act updates the conditions under which an accused person can be released on bail pending trial:
- Bail is a Right (in most cases): For any offence not punishable by death or life imprisonment, the Court shall admit a person to bail unless the prosecution provides good and sufficient written reasons why bail should not be granted.
- Serious Offences: Only a Judge of the High Court can grant bail to a person charged with murder or treason.
- Police Bail: An officer in charge of a police station has the power to grant bail to a person arrested without a warrant for an offence not punishable by life imprisonment.
Modern Sentencing Options (Alternative Sentences)
This is one of the most significant modernizations in the Act. Instead of only imposing fines or prison time, courts now have more flexible options:
- Suspended Sentences: For offences where the prison term is not more than 2 years, a court can order the sentence to be suspended. This means the person will not go to prison unless they commit another imprisonable offence within one year.
- Deferred Sentences: With the convicted person’s consent, a court can defer (postpone) passing a sentence for up to 6 months for minor offences. This allows the court to consider the person’s conduct during that period before deciding on the final sentence.
- Community Punishment Orders: Instead of prison, a person convicted of an offence with a maximum sentence of 2 years can be ordered to perform up to 60 days of unpaid community work. Examples include working on state farms, cleaning public places like hospitals and beaches, or painting public buildings.
- Absolute and Conditional Discharge: In cases where punishment is considered inappropriate, a court can discharge a person. This can be an absolute discharge (no penalty) or a conditional discharge, where the person must not commit another offence for up to 2 years.
How Criminal Cases Progress Through the Courts
The Act lays out a clear path for how different types of criminal cases are tried:
- Summary Trials (Magistrate’s Court): Less serious offences are handled in Magistrate Courts through a “summary trial,” which is a quicker and more direct process.
- Committal Proceedings & High Court Trials: For very serious offences like murder or treason, the case first goes to a Magistrate for “committal proceedings”. Here, the Magistrate determines if there is enough evidence to send the case for a full trial in the High Court. If so, the accused is “committed for trial”.
Important Provisions for Specific Groups
For Businesses (Corporations & Companies)
The Act includes special rules for when a company is charged with a crime:
- A corporation can be charged with an offence, either alone or with another person.
- The company can appoint a “representative” to appear in court on its behalf.
- If convicted, a company will be fined instead of receiving a prison sentence.
For Witnesses and Victims
- Spouses as Witnesses: A spouse is now considered a competent and compellable witness for both the prosecution and the defence in a criminal case.
- Compensation and Restitution: The Act empowers courts to order a convicted person to pay compensation to a victim for injury or loss. Courts can also order the return (restitution) of stolen property to its rightful owner.
Frequently Asked Questions (FAQ)
Q: Does this new Act replace the old law?
A: Yes, the Criminal Procedure Act 2024 explicitly repeals and replaces the Criminal Procedure Act of 1965.
Q: How long can police hold me before taking me to court?
A: For most offences, you must be brought before a court within 72 hours of your arrest. For very serious offences (like those carrying a life sentence), it is within 10 days.
Q: Can I get community service instead of jail time? A: Yes. For offences where the maximum prison sentence does not exceed 2 years, a court now has the power to issue a “Community Punishment Order” for up to 60 days of unpaid work.
Q: Can a company be put on trial?
A: Yes, Part VI of the Act provides the specific procedures for the trial of corporations or companies.
Disclaimer: This article provides a summary and general information about the Criminal Procedure Act 2024. It is not a substitute for professional legal advice. For specific legal issues, please consult with a qualified legal practitioner in Sierra Leone.
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