The Criminal Procedure Bill, 2020 and the Criminal Offences Bill, 2020 were both successfully passed by the National Assembly on Monday after undergoing revisions during the consideration stage.
Hon. Abubacarr Tambadou, the former Attorney General and Minister of Justice, first introduced these legislation, which were carried over from the Fifth Legislature. The current Minister of Justice, Dawda A. Jallow, then reintroduced them. The goal of the effort is to accomplish crucial legal improvements that were not finished during the previous legislative session.
Lawmakers carefully examined both legislation’ provisions during the vetting stage to make sure they aligned with both international and national legal frameworks.
Since its creation in 1933, The Gambia’s Criminal Code has not been thoroughly examined until the Criminal Offences Bill. The goal is to modernise criminal justice rules by getting rid of antiquated clauses that stifle free expression, like those pertaining to sedition and criminal defamation.
By expanding the Gambian courts’ jurisdiction to prosecute those who commit crimes abroad and then enter the nation, the measure also addresses long-standing legal loopholes by eliminating the need for extradition. Additionally, the sentence criteria have been revised to reflect current events.
Likewise, The Gambia’s Criminal Procedure Code has not been comprehensively updated since 1933 until the Criminal Procedure Bill. By including provisions for probation, parole, plea deals, police supervision of criminals, alternative sentencing choices, corporate trials, private prosecutions, and enhanced protections for victims and witnesses, the law modernises the judicial system.
Furthermore, the measure establishes clearer rules for granting bail, bolstering judicial discretion and encouraging an equitable and effective legal system. By setting realistic deadlines for prosecutions and court processes, it also guarantees the right to a fair and timely trial. The two proposals have been renamed the Criminal Offence and Procedure Bill 2025 following extensive deliberations and changes by lawmakers. The Speaker has directed the Minister of Justice to make sure that members receive copies of the updated measures before the final reading, and the third reading of the bills is scheduled for Friday, March 28, 2025.
If these changes are implemented, they will be a significant step forward in The Gambia’s ongoing efforts to uphold the rule of law and improve its criminal justice system.
