By Sulaiman Jalloh
Justice Nicolas Browne-Marke, the Ag. Chief Justice of the Judiciary of Sierra Leone, has said that repealing the Criminal Procedures Act (CPA) 1965 will decongest the prisons across the country, saying the repealed bill of the said law now in Parliament has alternative sentence mechanisms and other progressive systems.
He made the statement in Parliament on Monday, April 15th, 2024, at committee room one parliament building at a pre-legislative hearing on the bill entitled, ‘Criminal Procedure Act, 2024’, a bill seeking to repeal the Criminal Procedures Act 1965.
Justice Browne-Marke said it is important to repeal the bill, emphasizing that it will decongest correctional centers across the country. According to him, the bill has alternative sentences for misdemeanor/minor offences, including larceny or stealing.
Justice Nicolas Browne-Marke said if the bill when approved by parliament will address the delay in court proceedings like flimsy excuses on the part of the prosecution. He emphasized that the bill has provisions to avoid unnecessary delays. Giving an example, he said ‘for instance, if an accused made alibi statement’, they will make sure that the statement is obtained from that person.
Delivering his welcoming statement, ML. Deen Rogers, the director of legislative service department who chaired the hearing, said the Criminal Procedure Act was enacted in 1965, noting since then, the country only had the Peace Amendment Act, saying a law of its significance is important for the people’s representatives to try amend and review the enactment.
Hon. Mathew S. Nyuma, the leader of government business in parliament showered praises on the Attorney General and Minister of Justice and the Chief Justice for their cooperation with the Legislative Committee in the House of Parliament, emphasizing that the Attorney General has been ‘very instrumental’ in the process, while assuring parliament’s ‘esteemed’ participation, saying the bill is a ‘people centered bill’.
The leader of government business referenced parts 4, 5 and 6 of the bills as essential and need to be looked at with keen attention.
Hon. Aaron Aruna Koroma, deputy leader-2 of the opposition in parliament termed the bill as a ‘progressive criminal procedure’, noting the significance of the bill cannot be overemphasized as it will help the judiciary to decongest the prisons and holding facilities in the country, while assuring his party’s commitment to the amendment of the bill. He called on the Attorney General and Minister of Justice to improve the justice system of the country.
On his part, the Attorney General and Ministry of Justice, Mohamed Lamin Tarawalley Esq., emphasized the importance of the bill, saying if passed, there will be compensation for accused persons, a cases like frivolous and malicious prosecution after the enactment of the Criminal Procedures Act, 2024. He said the Criminal Procedures Act of 1965 has been in existence for fifty-eight years, hence the need for the repeal.
According to the Attorney General, the Criminal Procedures Act of 1965 did not make any provision for electronic evidence in court, but the repealed Act do have provisions for that, pointing out that people can be anywhere and attend to court proceedings via electronic system. “Repealing this law will decongest our prison facilities and expedite trials,” he said.
He said the jury system is not a good system for Sierra Leone’s judiciary. Justifying his claim, he said if twelve jurors are assigned to a matter, especially a matter that has to do with capital offences, if one juror is absent for a sitting, the judge will abound a particular, mater hence the reason for many adjournments a times.
The Minister of Justice asked lawmakers to pay attention to the jury system while recalling the abolishment of the death penalty, asking for the same for the jury system. He added that repealing the criminal procedure law will reduce and minimize minor offences that usually cause unnecessary delay or setback in the justice system.
Copy right –Printed in the Expo Times News on Thursday, April 18th, 2024 (ExpoTimes News – Expo Media Group (expomediasl.com)
