THE EFFICACY OF SIERRA LEONE’S PRE-TRIAL PROCEDURE IN THE CRIMINAL JUSTICE SYSTEM

Part: 1 By: BANKOLE CLIFFORD EKUNDAYO MORGAN ESQ

Defence Counsel Legal Aid Board of Sierra Leone, LL.M in International Maritime Law

Master in Governance and Leadership,                      Human Rights Advocate

This write-up essentially will look at the efficacy of Sierra Leone’s pre-trial procedure in the criminal justice system. In achieving this, the role of pertinent institutions in the criminal justice system, like the Sierra Leone Police, the Correctional Centre and the Courts will be looked at.

THE SIERRA LEONE POLICE (SLP) IN THE PRE-TRIAL PROCEDURE IN THE CRIMINAL JUSTICE SYSTEM

In the criminal justice system of Sierra Leone, one institution that plays a huge role in the pre-trial justice system, is the Sierra Leone Police (SLP). Part II, Section 155 (1) of the Constitution of Sierra Leone, 1991 established the SLP. The Criminal Procedure Act (CPA) of 1965, is also an added legislation that governs the police procedures. Essentially, when a crime is alleged to have been committed, the SLP is the first place of call for the public.  Fundamentally, in Sierra Leone’s pre-trial process, it is very important to look at police involvement in investigating a crime. That is, from the moment it is alleged that a crime has been committed, suspect has been arrested, statement has been obtained from the suspect and witnesses and the matter committed to court.

SUSPECT

Within the legal framework, when the Police receive a report against someone, the person is referred to as a suspect. This is because the person is suspected or alleged to have committed an offence for which there is a pending police investigation. There are primarily two reasons for detention prior to the trial. Firstly where the police think it is necessary to ensure that the suspect does not flee the jurisdiction while investigation is ongoing. Secondly, the police will detain a suspect where they believe that to release the suspect will negatively affect their investigation.

TRANSITION FROM SUSPECT TO AN ACCUSED

After the conclusion of the investigation at the police, if the police conclude that there is sufficient evidence based on the complaint investigated, they will charge the matter to the Magistrate court. From the police where the alleged suspect is charged to court, his nomenclature will now change from suspect to accused.  At this point, the suspect is accused of the offence and he ceases to be a suspect and becomes an accused and undergoes preliminary investigation first at the court of first instance, the Magistrate Court and later trial, at the High Court. After the trial, if the Court finds the accused person guilty, they are convicted and his nomenclature changes to convict.

THE SLP IN MAINTAINING LAW AND ORDER

The Sierra Leone Police (SLP) is responsible for maintaining law and order in within the jurisdiction of Sierra Leone. In achieving this, the SLP has the mandate to investigate allegation of offences. Except in case of offences of corruption, where the Anti-Corruption Commission Act of 2008 (as amended) makes provision for special mechanism outside the purview of the SLP.  However, a very wide range of arrest and detention powers have been conferred upon the SLP and should be carried out in accordance with the laws of Sierra Leone. For instance, the law permits the Sierra Leone Police to arrest suspect without a warrant if they have ‘reasonable cause’ and this is provided for in section 13 of the Criminal Procedure Act N0. 32 of 1965. The Criminal Procedure Act N0. 32 of 1965 also governs search and seizure, as provided for in sections: 5, 6, 7 and 9(1). The Constitutional Instrument N0. 5 of 2018, otherwise known as the Bail Regulations, 2018 serve as a guide in the application of the bail provisions of the Criminal Procedure Act, N0. 32 of 1965. At all stages, be it at the police station or the court, BAIL IS FREE. The Public Order Act N0. 32 of 1965 is part of the relevant legislation used by the SLP in maintaining law and order in Sierra Leone.

PART II (3) OF THE POLICE ACT OF 1964

As provided in Part II (3) of the Police Act of 1964, the primary role of the  Police are for the detection of crime and the apprehension of offenders, the preservation of law and order, the protection of property and the enforcement of all laws and regulations with which they are directly charged. Procedurally, upon receiving information about the commission of a crime, one of the roles of the SLP is to first try to identify the suspect and the crime scene, and upon visit at the crime scene, photographs are taken as evidence and witnesses are questioned. Depending on the situation or circumstances, the police have the duty to effect arrest and bring the suspect to police station. The police also has the latitude to issue an invitation for someone to come to the police station at a specified date. In an instant, where arrest is effected,  the arresting offer has the duty to inform the suspect of the reason for his arrest, inform him of his right to legal representation as provided in section 23 (5)(a) and (c) of the Constitution of Sierra Leone, 1991. During interrogation, the SLP also have the duty to caution the suspect that he has the right to remain silent but whatever he says shall be used as evidence in the court of law. The SLP by law is not permitted to subject any suspect under inhuman treatment or induce confession to incriminate themselves as provided in section 20 (1) of the Constitution of Sierra Leone, 1991.

THE DIRECTOR OF PUBLIC PROSECUTION (DPP)

Upon the completion of an investigation by the investigating officer, on prima facie evidence, the SLP can seek advice from the Director of Public Prosecution (DPP) whether to commit or charge the matter to court. If the matter is to be charged to court, the police would prepare charge sheet containing suspect’s personal information, the offence(s) they are alleged to have committed and the provision (s) of law under which they are charged. If there are no sufficient evidence, the case may be discharged and have the suspect released. As provided in section 26 of the Sierra Leone Police Act of 1964, any criminal summons lawfully issued by the court may be served by the policy officer at any time during the time of day light. They also perform the role of summoning witness to court.

THE FOLLOWING ARE THE STAGES IN PRE-TRIAL PROCEDURES

ARREST OF SUSPECT BY THE POLICE

Arrest has been defined by Black’s Law Dictionary as “the taking or keeping of a person in custody by legal authority, especially in response to a criminal charge; specifically, the apprehension of someone for the purpose of securing the administration of the law, especially of bringing that person before a court”. It can also be seen as the restriction of a person’s freedom of movement so that he/she could be available for investigation of an offence he/she is suspected to have committed or about to commit. Arrest can be effected by physically touching the suspect’s body and saying to the person that he/she is under arrest in a language he or she understands and they must be informed for the reason of his arrest. An example of how arrest can be effected “You are under arrest for an allegation made against you by Mr. Bannard Mattia, for stealing the sum of ten thousand Leones (NLE 10,000) from him” or “I am arresting you for allegedly been an accomplice to an armed robbery which said event took place on 10^th day of March, 2025 at No. 5 Knox Lane, Freetown”. However, before the arrest is been effected, the arresting officer, must introduce himself to the suspect by showing his SLP identity card and the police station he is attached.

CONCLUSION

It is evident that in the Sierra Leone’s pre-trial process in the criminal justice system, the Sierra Leone Police is an important institution. Further, it is glaring that the police play a key role in Sierra Leone’s pre-trial process in the criminal justice system. Parts: 2, 3 and 4 of the efficacy of Sierra Leone’s pre-trail process in the criminal justice system will look at the other forms of arrest and intervention of the Sierra Leone Police.