By: Thaimu Bai Sesay
In a pre-legislative hearing held on Monday, April 15th, 2024, at Parliament building Committee Room One, Chief Justice Nicholas Browne Marke of the Republic of Sierra Leone presented a comprehensive overview of the proposed New Criminal Procedure Act. The Act aims to revamp existing laws, expedite justice processes, and alleviate prison overcrowding by introducing alternative punishments and modernizing procedural laws.
Chief Justice Marke emphasized the necessity of updating Sierra Leone’s legal framework, noting that many current laws are outdated remnants of colonial rule. He underscored the importance of fairness to both complainants and defendants, stating that the new Act would ensure equal rights for all parties involved.
Key highlights of the proposed Act include:
Modernized Procedures: The Act seeks to modernize procedural laws to ensure maximum fairness and efficiency in the justice system.
Expedited Justice Processes: Preliminary investigations will be limited to a maximum of four weeks, aligning Sierra Leone with practices in advanced countries.
Suspended Sentences: Minor offenders may receive suspended sentences, allowing them to avoid imprisonment if they refrain from committing further offenses within a specified period. However, failure to comply will result in the enforcement of the original sentence.
Compensation for Victims: Victims of crimes will have the opportunity to receive compensation from fines levied against convicted individuals, striking a balance between justice and rehabilitation.
Community Service: In lieu of jail time, minor offenders may be assigned community service tasks such as street sweeping, providing an alternative form of punishment that benefits society.
Furthermore, Chief Justice Marke addressed concerns regarding police conduct during searches, asserting that officers cannot confiscate property without a valid search warrant, thereby upholding the principle of fairness in law enforcement.
In his concluding remarks, Chief Justice Marke emphasized that the proposed laws aim to reduce prison overcrowding and explore alternative forms of punishment while maintaining the integrity and effectiveness of the justice system.
The introduction of the New Criminal Procedure Act marks a significant step towards modernizing Sierra Leone’s legal framework and addressing longstanding issues within the criminal justice system.