By: Thaimu Bai Sesay
Embracing modernization in the judiciary of Sierra Leone, a new set of advanced procedural laws have been introduced into the proposed Criminal Procedure Bill of 2024. These laws aim to decongest prisons and promote good behavior among citizens, potentially reducing violence. One of the major innovations in this bill is the ‘Suspended Sentence’.
According to Chief Justice Nicholas Browne Marke, who explained the concept during a pre-legislative committee hearing in Parliament, a suspended sentence is when someone found guilty of a minor offence is sentenced for a period but serves this sentence outside of prison as a strict warning. This means the convicted individual avoids jail time initially but remains under a conditional sentence. If they commit another offense within the suspension period, they would serve the original sentence in addition to any new sentence imposed.
Chief Justice Marke further explained that individuals with suspended sentences must disclose their conviction and sentence status when applying for a visa to any country. This highlights the dual nature of the suspended sentence: it offers a second chance while maintaining a strict framework to ensure compliance with the law.
In addition to suspended sentences, the new Criminal Procedure Bill includes provisions for victim compensation and community service, which are alternative punishments used in many advanced countries, particularly for minor offenses. These measures aim to reduce prison overcrowding and encourage non-violent behavior.
However, the introduction of suspended sentences raises several concerns from a Sierra Leonean perspective. Traditionally, convicted individuals serve their sentences in prison, which is seen as a way for them to learn lessons and reform. With the new laws, there is a shift towards alternative punishments that may be perceived as too lenient.
Victims of crimes may find it difficult to accept suspended sentences, especially if they have experienced significant loss or hardship. There is a fear that such lenient measures could lead to an increase in mob justice, as victims might lose faith in the formal justice system. Additionally, it is unclear whether victims will have any say in whether a suspended sentence is granted, raising questions about the fairness and inclusivity of the process.
There is a clear need for more clarification and public awareness regarding the suspended sentence and other new laws in the Criminal Procedure Bill. Educating the public before the enactment and implementation of these laws will help prevent misinformation and ensure that citizens understand the changes.
During the second reading of the bill, Deputy Opposition Leader Daniel Koroma described the bill as positive but suggested further scrutiny. He called for effective inter-committee meetings and encouraged civil society, the Bar Association, and committee members to submit their opinions for the conscientious formation of the bill.
In conclusion, while the proposed Criminal Procedure Bill of 2024 introduces progressive reforms aimed at modernizing Sierra Leone’s judiciary, it is crucial to address public concerns and ensure thorough scrutiny of the bill. This will help balance the goals of decongesting prisons, promoting good behavior, and maintaining public trust in the justice system.