Criminal law in Sierra Leone

Sierra Leone has a formal criminal-law system based mainly on statutes and common-law principles. The Sierra Leone Police investigates offences through units such as the Criminal Investigation Department, the Transnational Organized Crime Unit, the Family Support Unit and the Traffic Management Unit. The Director of Public Prosecutions brings, takes over or discontinues criminal prosecutions on behalf of the Republic. The Attorney-General and Minister of Justice is the state's principal legal adviser. Magistrates’ Courts conduct summary trials and have limited criminal jurisdiction. A committal process can send a case to the High Court, which has original criminal jurisdiction for serious matters and conducts trials on indictment. Appeals from the High Court go to the Court of Appeal, with the Supreme Court as the final appellate court and as a court for constitutional and supervisory matters. The Criminal Procedure Act 2024 replaced the 1965 Act and regulates summary trials, committals, indictments, guilty pleas, sentencing and appeals. Published sources give different commencement dates for the 2024 Act, so the applicable transition rules should be verified for a particular case. The Constitution requires the authorities to act under law. An arrested person must be told the reason for arrest and receive confidential access to a legal practitioner without delay. The person must generally be brought before a court within 72 hours, or within 10 days for a life, economic or environmental offence. Further police detention requires a court warrant and may be extended for up to 15 days per application. The accused has the right to understand the charge, prepare a defence, choose counsel, question witnesses, use a free interpreter when needed, receive a public hearing subject to protective exceptions and obtain a record of proceedings within the constitutional time limit. The presumption of innocence, protection against torture or degrading treatment, protection against retroactive criminal liability and the rule against being tried twice for the same matter also apply. Police may arrest with or without a warrant, conduct searches and seizures under a warrant issued by a judge, magistrate or Justice of the Peace, and preserve physical or electronic evidence. In offences against the person, an authorised medical examination or sample may be taken. Bail must be considered in every criminal matter under the Bail Regulations 2018, although the court may refuse it after considering the prosecution's objection and must give reasons for refusal. A written complaint may be made by the police or a private person, followed by a summons or warrant. In limited minor cases, a magistrate may dispense with personal attendance; a written guilty plea requires the accused's legal practitioner. Criminal offences are addressed under laws including the Offences Against the Person Act 1861, Larceny Act 1916, Public Order Act 1965, Treason and State Offences Act 1963, Sexual Offences Act 2012 and its 2019 amendment, National Drug Control Act 2008, anti-corruption and anti-money-laundering laws, the Anti-Human Trafficking and Migrant Smuggling Act 2022, Cyber Security and Crime Act 2021, Road Traffic Act 2007 and Prohibition of Child Marriage Act 2024. Sexual offences include severe penalties: rape carries at least 15 years or life imprisonment, sexual penetration of a child carries life imprisonment, and aggravated sexual assault carries at least 15 years. Child marriage below 18 is prohibited, with central offences carrying a minimum sentence of 15 years and reporting duties. Courts may impose imprisonment, fines, compensation or restitution, forfeiture, suspended or deferred sentences, absolute or conditional discharge and a fine instead of imprisonment where permitted. A Community Punishment Order may apply to an offence carrying no more than two years’ imprisonment and can require unpaid work for up to 60 days, completed within one year. The Sierra Leone Correctional Service manages custody, rehabilitation, reintegration and conditional release, but regional capacity differences, overcrowding and remand conditions can affect access to services. Victims can report at a police station or post. The Family Support Unit handles child abuse, sexual and domestic violence and trafficking cases. Ministry of Gender and Children’s Affairs One Stop Centres provide free reporting, medical examination and treatment, reporting support, psychosocial counselling and, where available, shelter or legal assistance. Government centres operate in Kailahun, Moyamba, Pujehun, Port Loko, Koinadugu and Karene. The child helpline is 116 and the Sierra Leone Police emergency number is 900. Trafficking cases can involve restitution, witness protection, restricted records, in-camera hearings, screens, video links, pseudonyms and a restitution order within up to 90 days after conviction. The Legal Aid Board can provide legal advice and assistance to an indigent arrested, detained or accused person, subject to its access process and income threshold. Approved representation can continue from arrest through final determination and appeal, including emergency representation. An application and legal-aid certificate are normally required. A refusal or cancellation can be appealed within 14 days, with the Appeals Panel deciding within 10 days. Otherwise, private counsel is normally paid by the accused, and no reliable consolidated general court-fee schedule is established. Children are persons below 18. The established criminal-responsibility age is 14, while the exact status of child-law reform proposals must be checked rather than assumed. The Ministry of Gender and Children’s Affairs Probation Unit, Remand Homes, Approved School and family mediation support child-related proceedings, and children in custody must be separated from adults. Road offences are enforced through the Traffic Management Unit and regulated by the Road Traffic Act 2007 and the Sierra Leone Road Safety Authority. Dangerous driving can lead to fines, imprisonment, compensation and withdrawal of a licence for three to five years. Penalty points range from one to 12; at least 11 points within three years can lead to disqualification for at least one year and a new driving test. Digital offences under the Cyber Security and Crime Act 2021 include unauthorised access, interception, data or system interference, misuse of devices, password disclosure, computer forgery or fraud, identity theft and phishing. The law also provides investigative powers for preservation, production, traffic-data collection and content interception, with High Court jurisdiction in specified Sierra Leone-related cases.