Criminal Procedure Code at Gambia
The criminal justice system in The Gambia is primarily governed by the Criminal Procedure Code (CPC), which outlines the procedures for the investigation, prosecution, and adjudication of criminal offenses. This code is complemented by the Criminal Code and various amendments that have been enacted over time.
📘 Overview of the Criminal Procedure Code
The Criminal Procedure Code provides a comprehensive framework for criminal proceedings in The Gambia. Key provisions include:
Arrest and Detention: Defines the circumstances under which an individual may be arrested and the procedures for detention.
Bail: Outlines the conditions under which bail may be granted and the procedures for applying for bail. Notably, for non-capital offenses, a suspect must be arraigned before a court within 72 hours of arrest . (Justice Education for a Just Society: Providing assistance to court users in The Gambia THE FUNDAMENTALS OF BAIL UNDER THE GAMBIAN LAW - The Point)
Trial Procedures: Details the stages of a criminal trial, including plea taking, presentation of the prosecution's case, the defense's case, closing arguments, and judgment . (The Gambia: prisoner pack - GOV.UK)
Sentencing: Specifies the types of sentences that may be imposed, such as death, imprisonment, corporal punishment, fines, and compensation . (The Gambia: prisoner pack - GOV.UK)
Appeals: Establishes the right to appeal criminal convictions to higher courts, with specific timeframes for lodging appeals . (The Gambia: prisoner pack - GOV.UK)
⚖️ Amendments and Reforms
Over the years, several amendments have been made to the criminal laws in The Gambia:
Criminal Code (Amendment) Act, 2014: This amendment introduced changes to the substantive criminal law, including the decriminalization of certain offenses and the introduction of new offenses . (Government of the Gambia (Author), published by UNHCR – UN High Commissioner for Refugees: “Criminal Code (Amendment) Act, 2014”, Document #1104137 - ecoi.net)
Draft Criminal Procedure Code (2019): A proposed reform aimed at modernizing the criminal procedure laws to align with international human rights standards. However, as of the latest available information, this draft has not been enacted into law . (The Criminal Procedure Code for 2019 - The Gambia Times)
🏛️ Judicial Structure
The Gambian judiciary comprises several levels of courts:
Magistrate Courts: Handle less serious criminal offenses and preliminary hearings.
High Court: Has original jurisdiction over serious criminal offenses and hears appeals from Magistrate Courts . (Gambia (The) 1996 (rev. 2018) Constitution - Constitute)
Special Criminal Court: Established under the 2019 Constitution, this court is tasked with hearing cases related to theft, misappropriation, and other offenses involving public funds and property . (Gambia (The) 1996 (rev. 2004) Constitution - Constitute)
Cadi Court: A religious court that applies Sharia law in matters of marriage, divorce, and inheritance for Muslims . (Gambia (The) 1996 (rev. 2018) Constitution - Constitute)
📚 Accessing Legal Texts
The full text of the Criminal Procedure Code and related legal documents can be accessed through various legal repositories:
UNHCR Refworld: Provides access to national legislation, including the Criminal Code (Amendment) Act, 2014 . (Government of the Gambia (Author), published by UNHCR – UN High Commissioner for Refugees: “Criminal Code (Amendment) Act, 2014”, Document #1104137 - ecoi.net)
ICNL Digital Legal Library: Offers the Criminal Code (Amendment) Act for download . (Criminal Code (Amendment) Act - ICNL)
Gambia Times: Features articles and discussions on proposed legal reforms, such as the 2019 draft Criminal Procedure Code . (The Criminal Procedure Code for 2019 - The Gambia Times)
RELATED Blog
0 comments