By Kebba AF Touray
The National Assembly continued its deliberations on the Criminal Procedure Bill 2022 on Tuesday, March 11, 2025, with the bill advancing to the consideration stage.
Among the key developments, lawmakers adopted Clause 188, which mandates the immediate discharge of any accused person found not guilty by the courts.
Clause 188 outlines the procedures for court judgments. According to subclause (1), “Where the court finds an accused not guilty, it shall immediately discharge him or her and record an order of discharge and acquittal accordingly.”
The Human Rights and Constitutional Matters Committee also endorsed the inclusion of Clause 188 as part of the bill, emphasizing the importance of swift justice for individuals who have been wrongfully charged.
Alongside this, Clause 189 addresses sentencing, outlining considerations such as the objectives of reformation, deterrence, and the appropriateness of non-custodial sentences. It also includes factors such as the interests of the victim, the convict, and the community. This framework aims to balance justice with compassion in the sentencing process.
Clause 190 provides for compensation in cases where charges are deemed false or vexatious. If a Magistrate discharges or acquits an accused person, believing the accusation was frivolous, the complainant may be required to show cause as to why they should not pay compensation to the accused.
Furthermore, Clause 194 pertains to the property seized from an accused person. If property is confiscated during an arrest, the court can decide to return it to the rightful owner or use it to satisfy fines or compensation costs. However, it is stipulated that property should not be returned if the court believes it does not belong to the accused.
These clauses are part of a comprehensive review of The Gambia’s Criminal Procedure Code, which was initially enacted by Act Number 26 of 1933 and has since been amended at least 28 times. The bill represents a modern attempt to align the legal framework with contemporary practices, addressing topics such as probation, parole, alternative sentencing, corporate trials, and witness protection.
The bill also introduces provisions to ensure fair and timely trials, imposing strict timelines for the prosecution and courts to adhere to. This is seen as a critical step towards addressing the delays that have long plagued the judicial system.
In areas like Mile 2, known for its overcrowded prison facilities and backlog of cases, delays in legal proceedings have been a persistent issue. The introduction of clear, reasonable timelines for trials and the discharge of acquitted individuals aims to tackle these inefficiencies. For years, people in Mile 2 have faced undue delays, often remaining in detention far beyond what is warranted by the law. This bill, if passed, promises to expedite the judicial process and improve the administration of justice for all.
