1. The criminal courts of Sierra Leone

A dual system

General-law courts: The superior courts of judicature are the Supreme Court, the Court of Appeal and the High Court (Constitution of Sierra Leone, Act No. 6 of 1991). Below them sit the Magistrates' Courts.

Local courts: Local courts, originally under the Local Courts Act 1963, apply customary law, including customary offences, to persons subject to it. Appeals go up through the customary appeal structure and can finally reach the Local Appeals Division of the High Court, the Court of Appeal and the Supreme Court.

Courts of first instance

Magistrates' Courts: They try summary offences, and historically held preliminary investigations to decide whether an accused should be committed to the High Court for trial on indictment.

The High Court: It tries indictable offences and has a supervisory jurisdiction over inferior courts and tribunals, including habeas corpus.

Appeals

The ladder: Magistrates' Court to High Court; High Court to Court of Appeal; Court of Appeal to the Supreme Court. Appeals to the Supreme Court lie as of right in some cases and otherwise with leave, usually on a substantial question of law or of public importance.

The Supreme Court: It is the final court of appeal. It also has original jurisdiction on the interpretation of the Constitution and a supervisory jurisdiction over all other courts.

Where the criminal law comes from

Received English law: Under section 74 of the Courts Act 1965, the common law, the doctrines of equity and the English statutes of general application in force on 1 January 1880 apply in Sierra Leone, together with English Acts specifically adopted later. This is why the Offences Against the Person Act 1861 and the Larceny Act 1916 are still central.

Local statutes: These include the Treason and State Offences Act 1963, the Public Order Act 1965, the Sexual Offences Act 2012 and the Anti-Corruption Act 2008.

Current law note

Criminal Procedure Act 2024: The Criminal Procedure Act 1965 has been repealed and replaced by the Criminal Procedure Act 2024, which came into force on 16 September 2025. It replaced the old preliminary investigation with a faster committal process. Always check the 2024 Act for current procedure.