Classification of offences | Lanbuk on the Law of Crimes in Sierra Leone

In simple terms

Offences can be grouped in several ways: by seriousness, by mode of trial, by their moral quality, and by subject matter. The classification affects the court, the procedure and the rules on parties.

By seriousness

Treason: The gravest offence, now governed by the Treason and State Offences Act 1963.

Felonies and misdemeanours: The old English division survives in Sierra Leone because the received law still uses it. Felonies were the serious offences; misdemeanours the lesser ones.

Customary offences: Offences known to customary law and tried in local courts.

By mode of trial

Indictable offences: Tried in the High Court on .

Summary offences: Tried by magistrates.

Hybrid offences: Offences triable either way.

By moral quality

Mala in se and mala prohibita: Wrongs in themselves, as against wrongs only because forbidden. Regulatory offences are typically mala prohibita, and are more often strict.

By subject matter

The scheme of this module: Offences against the person, against property, against public morals and order, against the State, and against the administration of justice, followed by inchoate offences and defences.

Memory map

Classification of offences

By seriousness

Treason
Felonies and misdemeanours
Customary offences

By mode of trial

Indictable offences
Summary offences
Hybrid offences

By moral quality

Mala in se and mala prohibita

Key points

Treason, felonies, misdemeanours and customary…
Indictable offences go to the High Court
Mala in se are wrong in themselves

Key terms

Indictment

Take-home points

Treason, felonies, misdemeanours and customary offences are the main categories by seriousness.
Indictable offences go to the High Court; summary offences to magistrates.
Mala in se are wrong in themselves; mala prohibita are wrong because forbidden.