By Elkass Sannoh
On his widely followed Facebook page, Sierra Leone’s youngest Attorney General and Minister of Justice, Alpha Sesay Esq., announced on Tuesday, 2nd September 2025, that the new Criminal Procedure Act (CPA), 2024 will come into effect on 16th September 2025, two weeks from today.
The new Act, which repeals and replaces the Criminal Procedure Act, 1965, Act No.32 of 1965 will usher in a wave of changes in the country’s criminal justice system, from investigations to trial, it will shorten the time suspects take in the criminal justice system, provide for protection of vulnerable witnesses, move away from a two-stage criminal process of Preliminary Investigations to a streamlined committal proceedings which gives Magistrates 28 days to determine whether to commit or not, and for certain offenses, the Court will consider alternative sentences over custodial ones.
The learned Attorney General concluded that with this new Act, we are making our justice system more efficient, transparent and accountable- one that does not criminalize poverty and status. “This is a work in progress,” he affirmed.
Impressed by his insatiable desire for justice reform, I felt compelled to put pen to paper not only as a Development Communications expert but also as a Judicial Communications specialist. I immediately secured a copy of the new Act comprising 163 pages, including the arrangements of sections and the title.
Indeed, the 2024 Act introduces clearer provisions on bail eligibility, reduces arbitrary detention, and strengthens judicial oversight.
This reform aligns with Article 9 of the International Covenant on Civil and Political Rights (ICCPR), a key international human rights treaty adopted by the UN General Assembly in 1966 and came into force in1976.
On the contrary, the old CPA (1965) undermines the vision of the Honourable Chief Justice Komba Kamanda, who is a staunch advocate for judicial reforms, especially speedy administration of justice. For instance, the 1965 Act’s Section 79 (3) notably states:
“When a person is charged with any offence other than those referred to in subsections (1) (murder and treason) and (2) (felonies), the Court shall admit him to bail, unless it sees good reason to the contrary.”
This discretion meant bail could frequently be denied, even for minor offences fueling pre-trial detention and increasing overcrowding in Correctional centers across the country. As advocates argue, bail “should be granted as of right” to all accused of misdemeanors to sustainably reduce remand populations.
Another hindrance I identified in the old Act was the delay with Preliminary Investigations. The Preliminary Investigations (PI) system under Section 108 created cumbersome delays and duplication of proceedings. For instance, witnesses and evidence had to be presented twice, prolonging trials and clogging court processes.
Another reform with an unending debate was the elimination of Jury Trials for serious offences. Section 143 of the outdated Act required that capital offences, including murder and treason, be tried by judge and jury. Given the abolition of the death penalty in 2022, this archaic requirement no longer aligns with justice realities.
Just like the Sierra Leone 1991 Constitution, the International Bill of Human Rights and the ICCPR, the new Act prohibits arbitrary arrest and detention, and encourages non-custodial measures where appropriate.
Zooming through the leaflets, I noticed that it imposes statutory limits on the timeline for investigations, prosecution, and adjudication of criminal matters, addressing the long-standing issue of delayed justice which often results in pre-trial detention without charge. For the first time, victims are accorded procedural recognition, including rights to information, participation in proceedings, and protection from intimidation and secondary trauma. These measures are critical for crimes like sexual offences, where victim protection is essential to securing justice.
The 2024 Act enshrines the right of indigent accused persons to state-funded legal representation, operationalizing constitutional protections and fulfilling obligations under the Legal Aid Act of 2012.
In addition, like I stated, this is indeed a sustainable leap in justice reforms.
The Act provides for the use of electronic evidence, remote hearings, and digital case management systems, which are crucial in an age where technology can enhance both efficiency and transparency in court processes.
Sierra Leoneans should know that one of the most immediate benefits of the new Act will be its impact on the country’s overburdened correctional facilities.
By setting clearer bail guidelines and ensuring swift trials, the Act is expected to significantly reduce pre-trial detention, which currently accounts for a large percentage of the prison population. This will, in turn, lower the cost burden on the state for housing and feeding inmates who may not require custodial sentences.
The enforcement of fair trial rights and transparent procedures will enhance public trust in the legal system.
When citizens believe in the impartiality and effectiveness of the Courts, they are more likely to seek legal redress, report crimes, and cooperate with justice institutions.
During my visit to the UN Headquarters in New York in 2023 to support the process of establishing a Multilateral Investment Court, it dawned on me that a functional and fair justice system is a critical indicator for foreign direct investment. Therefore, the reforms embodied in the new Criminal Procedure Act signal to investors and international partners that Sierra Leone is committed to the rule of law, good governance, and human rights, all essential for economic stability and growth.
By adopting global standards in criminal procedure, Sierra Leone strengthens its compliance with international treaties and human rights instruments, enhancing its standing in regional and international fora, including the African Union, ECOWAS, and the United Nations Human Rights Council.
As I conclude, it is my candid view that the legislation of this new CPA and the laying of the Commencement Regulations, 2025 is far more than a procedural step; it is a historic commitment to reform, justice, and national development. In moving away from outdated colonial structures toward a rights-based, people-centered justice system, Sierra Leone has laid the groundwork for a modern legal framework that serves the needs of both the state and its citizens. Please get a copy and be abreast to welcome the new Act.
ABOUT THE AUTHOR
Elkass Sannoh is the Director of Communications, Judiciary of Sierra Leone, and a PR Consultant for one of the UK’s leading public relations firms based in London.
Note: The views expressed here are entirely mine and doesn’t reflect my office.
