Criminal Procedure Part B, Bar Final 2025/2026

Question 1

Aminata Kamara a Sierra Leonean and Isatu Sesay a Guinean national are business Partners. On the 10th of June they were travelling by road from Guinea, Conakry to Freetown, Sierra Leone when before reaching the border crossing point to Sierra Leone, Aminata realized that the sum of USD 1000 had been stolen from her wallet which she found in the possession of Isatu. On arriving in the Kambia District in Sierra Leone, she reported the incident to the Police. The Officer in charge of the station told her that since she discovered the theft whilst in Guinea, she must report the incident to the Guinean police for investigation and action. Aminata was dissatisfied and on their arrival at Port Loko District she met an old friend who is the officer in charge of the Port Loko Police station and reported the issue. Isatu was arrested and detained. Aminata arrived in Freetown and informed her husband about the incident who then reported the issue to the Criminal investigation Department (CID) Headquarters in Freetown. The head of the crime unit at the CID demanded that the case be transferred to Freetown for investigation. Isatu was escorted to the CID in Freetown on the 12th June 2024. Isatu was immediately charged to appear before the Magistrate court No. 3 in Freetown. On appearing before the Court a Justice of the peace decided to remand Isatu in custody and adjourned the matter to the 13th of June as the other Justice of the Peace with whom he sits is sick. On her appearance on the 13th of June, Isatu refused to take a plea on the basis that she is unwell and would need a lawyer to represent her. The matter was again adjourned to the 18th of June 2026.

As a criminal law graduate with procedural tutelage advise me on the criminal Procedure that governs the process through which this alleged criminal conduct is investigated, prosecuted and adjudicated.

Question 2

“A lawful arrest is usually the end of a decision chain, not the beginning.”

Discuss this statement in light of Sierra Leone Criminal Procedure Act No. 8 of 2024 and any International Instrument applicable in Sierra Leone.

Question 3

Mrs. Latima’s Church has been a nuisance in the Bureh Town community when she organized church services on Sundays between the hours of 7:00 am to 2:00 pm and on Wednesdays between 10:00 pm – 6:00 am of every week. Several complaints made to the police by community members proved futile. The church was attacked by irate youths on the 4th of June 2026. Ten community youths were arrested between the 4th and 5th of June by the police for various public order offences related to the attack. They were kept in police custody. The police on the 9th of June due to administrative delays applied to the Court for an extension of the detention period. Meanwhile, Abibu Ansumana on a private criminal summon has been charged to court on a Public order Offence of abusive language on the 6th of June, 2026. Abibu appeared on the appointed hearing date but Mrs Latima the Complainant failed to appear but informed the court that she is ill and cannot appear. The matter was adjourned to the 10th of June. Abibu did not appear but the Complainant appeared, the Magistrate proceeded with the hearing and Abibu was convicted and sentenced to nine months imprisonment. Abibu had sent an excuse of his absence to the Magistrate but was never received by the Magistrate. He has also maintained his innocence on the allegation that he was not in Freetown on the day of the incident. He was therefore dissatisfied with the conviction. The Police have just arrested Abibu from his house and are on their way to prison to commence his sentence.

The legal firm of R.B. Kowa and Associates where you work as a pupil barrister has been approached to represent the Community youths arrested and Abibu. The brief has been passed on to you to advise your head of Chambers on:-

• a.Whether there has been any Procedural breach.
• b.What are the steps or available remedies to Abibu on his conviction and to the community youths.
• c.Draft any legal document that may be necessary to Counsel representing the Community youths or Abibu.