Sierra Leone: A Country Review of Crime and Criminal Justice, 2008
Summary
This report examines the judiciary of Sierra Leone, detailing its historical evolution from the colonial era through periods of authoritarianism and civil war to its current democratic transition. It analyzes the legal framework established by the 1991 Constitution, the structure of the court system, and the persistent challenges regarding judicial independence, institutional capacity, and access to justice for vulnerable populations.
Key insights
- The 1991 Constitution establishes the judiciary as an independent arm of government, stating that in its judicial functions, it "shall be subject to only this constitution and shall not be subject to the control or direction of any other person or authority."
- Despite constitutional guarantees, judicial independence is compromised by the President's significant influence over appointments. The President appoints the Chief Justice by warrant, leading the Sierra Leone Bar Association to describe this influence as hanging "like the Sword of Damocles over the heads of judges and the Chief Justice".
- The judiciary suffers from severe institutional capacity gaps, including a lack of adequate libraries, recording equipment, and training facilities. Judges frequently "have to write down their own trial records and decisions by hand" due to these deficiencies.
- Access to justice is severely limited for poor people, children, and women, as the cost of legal representation is "far beyond the means of the vast majority of citizens". Local courts are specifically noted for being "autocratic" and lacking standardised fines and basic facilities.
- The judicial system is bifurcated, maintaining two different types of laws for the provinces and Freetown, which the report finds has "created disunity and injustice".
- The death penalty remains legal for crimes such as murder, aggravated robbery, and treason. While there have been no judicial executions since October 1998, approximately 15 people are reported to be under sentence of death.
- The judiciary is understaffed across its various levels. The Supreme Court has only three permanent judges despite a requirement for five, and the High Court has eight judges against an ideal minimum of nine.
- The Justice Sector Development Programme (JSDP), supported by the UK's Department for International Development (DFID) since 2005, aims to create an accountable justice sector specifically for "the poor, the marginalised and the vulnerable".
Cite the original document
- APA
- Institute for Security Studies (2009). Sierra Leone: A Country Review of Crime and Criminal Justice, 2008. https://issafrica.org/01-may-2009-monograph-no-160-sierra-leone.-a-country-review-of-crime-and-criminal-justice-2008-african-human-security-initiative/chapter-5-the-judiciary
- Chicago
- Institute for Security Studies. Sierra Leone: A Country Review of Crime and Criminal Justice, 2008. 2009. https://issafrica.org/01-may-2009-monograph-no-160-sierra-leone.-a-country-review-of-crime-and-criminal-justice-2008-african-human-security-initiative/chapter-5-the-judiciary.
- Wikipedia
- {{cite report |author=Institute for Security Studies |title=Sierra Leone: A Country Review of Crime and Criminal Justice, 2008 |date=May 2009 |url=https://issafrica.org/01-may-2009-monograph-no-160-sierra-leone.-a-country-review-of-crime-and-criminal-justice-2008-african-human-security-initiative/chapter-5-the-judiciary |access-date=17 August 2026 |via=Climate Insights Directory}}
- BibTeX
- @techreport{instituteforsecuritystudies2009sierra, author = {{Institute for Security Studies}}, title = {{Sierra Leone: A Country Review of Crime and Criminal Justice, 2008}}, institution = {Institute for Security Studies}, year = {2009}, month = may, url = {https://issafrica.org/01-may-2009-monograph-no-160-sierra-leone.-a-country-review-of-crime-and-criminal-justice-2008-african-human-security-initiative/chapter-5-the-judiciary}, urldate = {2026-08-17}, note = {Indexed by Climate Insights Directory} }
Full text
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