By Kebba AF Touray
Following the completion of the consideration stages of bills, the National Assembly will meet today, Friday, March 28, to pass bills that lawmakers have recently considered.
These bills include the Criminal Procedure Bill, 2025 and the Procedure Bill which seeks to align our Criminal Procedure Code with current trends and practices, including provisions relating to probation, parole, plea agreements, police supervision of convicts, alternative sentencing, the trial of corporate bodies, private prosecutions, and the protection of witnesses and victims.
The Bill proposes provisions such as relating to the disposal of exhibit, which is stipulated in clause 348 sub clause (1).
The said sub clause states that “At the end of every trial under this Act, all exhibits tendered in evidence shall, where no appeal has been lodged within the time allowed for appeals or where any appeal lodged has been disposed of, be retrieved from the custody of the Registrar of the Court by the person tendering the exhibits, within thirty days.”
The sub clause indicates that where the person fails to retrieve the exhibits in accordance with subsection (1), the Registrar of the Court shall dispose of the exhibits by returning it to the owner or in a manner directed by the Judge and shall thereafter not be liable for any claim by any person in respect of the exhibit.
Clause 344 outlined persons before whom affidavits may be sworn to and be used before the High Court.
The clause cited the persons as (a) a Judge of the High Court; (b) a Magistrate; (c) the Registrar of the High Court; (d) a Justice of the Peace; or (e) Commissioner for Oaths.
The Bill also creates room for the High Court to issue writs, including the order of mandamus as power of the High Court, as detailed in clause 343.
The said clause reads: “Power of High Court to issue writs (1) The High Court may in the exercise of its criminal jurisdiction issue any order, including orders of mandamus, certiorari and prohibition. (2) The High Court may from time to time frame rules to regulate the procedure in cases under this section.”
Clause 333 provides restrictions on granting of bail, and indicates in sub clause (1) that when a person is brought before the court charged with an offence referred to under section 331, “that person shall not be released on bail unless the court is satisfied that there are special circumstances warranting the granting of bail.”
However, subclause (2) outlined conditions for the release of a person to be released such as payment of an amount equal to one-third of the total monies alleged to be the subject of the matter of the charge.
Sub clause (2) (A) states “Before a person is released on bail under this section, the court shall order that the person shall as a condition for his or her release- (a) deposit into the court, an amount equal to one-third of the total monies alleged to be the subject matter of the charge, or pledge other property of equivalent amount as security.”
Subclause (2) (B) added that before a person is released on bail, he or she must “present at least two sureties who shall deposit into court an amount equal to one-third of the total monies alleged to be the subject matter of the charge, or pledge properties of equivalent amount as security.”
Other Bills that the legislature is expected to pass after passing the third reading stage include the National Population Bill 2024, National Security Council Bill, 2025, Criminal Procedure Bill 2025, Students Revolving Loan Scheme Bill 2025, and Criminal Offences Bill 2025.
