In simple terms
Below the superior courts sit the Magistrates' Courts, the local courts that apply customary law, and specialised bodies such as courts-martial. Appeals from local courts run through the District Appeal Court to the Local Appeals Division of the High Court.
Magistrates' Courts
Establishment: Magistrates' Courts are set up under the Courts Act 1965 for districts across the country.
Jurisdiction: They try summary offences and civil claims within monetary limits fixed by law. Appeals go to the High Court.
Local courts
Local Courts Act 2011: Local courts apply customary law and certain statutes to persons subject to them, within limits set by the Act. They deal with matters such as customary marriage, debts, minor land disputes and minor offences.
Transfer: A case can be transferred from a local court to a Magistrates' Court or another local court where justice requires.
District Appeal Court: Under section 40 an appeal from a local court goes to the District Appeal Court, a magistrate sitting with two assessors who advise on customary law. The decision belongs to the magistrate alone.
Local Appeals Division: Under section 41 a further appeal lies to the Local Appeals Division of the High Court, a High Court Judge sitting with two assessors. From there appeals go to the Court of Appeal.
Courts-martial
Military justice: Courts-martial try members of the Republic of Sierra Leone Armed Forces for service offences under the Armed Forces legislation. Section 171 of the Constitution defines "Court" to include a court-martial, and their decisions are subject to the supervisory of the superior courts.
Other tribunals
Special bodies: Tribunals such as industrial and rent tribunals decide particular disputes. They are subject to supervision by the High Court and Supreme Court.
Memory map
Magistrates' courts, local courts and courts-martial
Magistrates' Courts
- Establishment
- Jurisdiction
Local courts
- Local Courts Act 2011
- Transfer
- District Appeal Court
- Local Appeals Division
Courts-martial
- Military justice
Key points
- Magistrates' Courts try summary offences and…
- Local courts apply customary law under the…
- Local court appeals go to the District Appeal…
- Courts-martial try service offences and are…
Take-home points
- Magistrates' Courts try summary offences and smaller civil claims; appeals go to the High Court.
- Local courts apply customary law under the Local Courts Act 2011.
- Local court appeals go to the District Appeal Court (s.40) and then the Local Appeals Division of the High Court (s.41), each sitting with two assessors.
- Courts-martial try service offences and are subject to supervision by the superior courts.
See also
- The Local Courts Act, 2011 · 2011
Lecture notes on this subject
- Court Structure: Overview of the Sierra Leone JudiciarySierra Leone legal system
- Sierra Leone Legal System: Diploma Examination PaperSierra Leone legal system
- Sierra Leone Legal System: Diploma Examination AnswersSierra Leone legal system
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