By Amin Kef (Ranger)
Attorney General and Minister of Justice, Alpha Sesay Esq., has announced that the new Criminal Procedure Act (CPA) 2024 will officially come into effect on September 16, 2025. The Act, which repeals and replaces the Criminal Procedure Act of 1965 represents one of the most sweeping reforms to Sierra Leone’s justice system in over half a century.
Alpha Sesay Esq. made the announcement on Tuesday, September 2, 2025, noting that comprehensive training programs are already underway across the justice sector to prepare stakeholders for its implementation. Police investigators, often the first point of contact in criminal cases, have been prioritized in the initial phase of capacity-building workshops.
“With this new Act, we are making our justice system more efficient, transparent and accountable; one that does not criminalize poverty and status,” the Attorney General declared. He stressed that the reforms are designed to modernize criminal procedure in ways that better protect the rights of both victims and the accused.
At the heart of the reforms is a transition from the outdated two-stage process of Preliminary Investigations (PI) to a streamlined system of committal proceedings. Under the new model, Magistrates will have 28 days to determine whether or not to commit a case for trial. This is expected to drastically reduce delays that have long clogged Sierra Leone’s courts.
The Act also gives courts the discretion to consider alternative sentences over custodial ones for certain categories of offences. By doing so, it addresses chronic overcrowding in the country’s correctional facilities while aligning sentencing practices with modern approaches to rehabilitation.
Perhaps most significantly, the CPA 2024 introduces statutory limits on the duration of investigations, prosecutions and trials. These limits seek to end the culture of indefinite pre-trial detention, a problem that has undermined public trust in the justice system for decades.
The new Act also prioritizes the protection of victims and vulnerable witnesses. Section 10 places strong emphasis on medical examinations in cases involving assault, robbery, grievous bodily harm, wounding and sexual offences such as rape and child penetration.
All victims of assault cases must now be examined by a qualified medical practitioner, with such examinations authorized by senior police officers not below the rank of Assistant Superintendent. This provision ensures that investigations are backed by scientific evidence, strengthening the credibility of prosecutions.
Medical evidence will be used to establish the “but-for” principle of causation; meaning that the prosecution must prove an injury would not have occurred but for the defendant’s actions. This principle will be supported through detailed medical reports, X-rays, DNA profiles, photographic evidence and forensic samples such as blood, hair and nails.
By making medical examinations mandatory in serious assault cases, the Act provides prosecutors with a firmer basis to rebut defense claims and ensures victims’ experiences are properly documented. The law also stresses the importance of chain-of-custody protocols to guarantee the admissibility of forensic evidence in court.
The reforms come in response to the widely acknowledged deficiencies of the 1965 Criminal Procedure Act. That law granted courts excessive discretion over bail, allowing Judges and Magistrates to deny release even in minor cases. Section 79(3) of the old Act stated that bail could be refused if the court saw “good reason to the contrary,” which often resulted in arbitrary detention.
The new law changes this by expanding bail eligibility and treating it as a right in most cases. This reform is particularly important in addressing prison overcrowding, where remand detainees often make up the majority of inmates.
Another outdated provision was Section 108, which required witnesses and evidence to be presented twice in Preliminary Investigations. This duplication caused unnecessary delays and prolonged the time cases took to reach trial. By abolishing PIs, the new law clears a major bottleneck in the justice system.
The CPA 2024 also removes the requirement for jury trials in capital cases such as murder and treason, previously mandated under Section 143 of the old Act. With the death penalty abolished in 2022, the provision had become increasingly irrelevant to Sierra Leone’s justice realities.
The Act introduces stronger protections for suspects and accused persons, including the right of indigent defendants to state-funded legal representation under the Legal Aid Act of 2012. This provision ensures that constitutional guarantees of fair trial rights are not limited to those who can afford private lawyers.
In addition, the Act explicitly prohibits arbitrary arrest and detention, echoing both the 1991 Constitution of Sierra Leone and international treaties such as the International Covenant on Civil and Political Rights (ICCPR). Adopted by the United Nations in 1966, the ICCPR remains one of the most important human rights instruments worldwide.
The reforms also embrace modern technology, providing a framework for the admission of electronic evidence, remote hearings and digital case management. These innovations are expected to increase transparency, cut down on unnecessary delays and allow Sierra Leone’s courts to keep pace with global standards.
One of the most immediate benefits of the new Act will be seen in Sierra Leone’s overburdened correctional facilities. With clearer bail guidelines and faster trial timelines, pre-trial detention rates are expected to drop significantly. This will reduce the cost burden on the state while improving conditions in prisons.
For victims of crime, the law guarantees rights to information, participation, and protection from intimidation; particularly vital in cases of sexual and gender-based violence. Such protections are essential for encouraging victims to report offences and follow through with legal proceedings.
Legal analysts argue that these reforms will also enhance public trust in the justice system. When citizens believe courts operate fairly and transparently, they are more likely to seek redress through legal channels rather than informal or extra-legal means.
Beyond its domestic impact, the CPA 2024 carries significant international implications. Investors and international partners often view a functional justice system as a critical indicator of rule of law and good governance.
During Sierra Leone’s engagement at the United Nations in 2023 on the establishment of a Multilateral Investment Court, legal experts highlighted that justice reforms are key to attracting foreign direct investment. The new Act therefore signals to the international community that Sierra Leone is committed to modernizing its institutions and protecting human rights.
By aligning its criminal procedures with international human rights instruments, the country also strengthens its standing within the African Union, ECOWAS, and the United Nations Human Rights Council.
Chief Justice Komba Kamanda, a consistent advocate for judicial reforms, has emphasized the importance of speeding up justice delivery in Sierra Leone. The CPA 2024, with its emphasis on efficiency, fairness and victim protection, represents a concrete step in realizing that vision.
Observers note that while the Act alone will not solve all the challenges facing the justice sector, it provides a strong legislative foundation for change. Effective training, enforcement and public awareness will be essential to realizing its full potential.
Attorney General, Alpha Sesay acknowledged this reality, noting: “This is a work in progress.” Nonetheless, his office is confident that the Act’s implementation will mark a turning point in the evolution of Sierra Leone’s criminal justice system.
As the country prepares for the Act’s enforcement on September 16, 2025, citizens, legal practitioners and international partners alike will be watching closely to see whether these reforms translate into a justice system that is modern, equitable and firmly anchored in human rights.
