Practice Relating to Rule 161. International Cooperation in Criminal Proceedings
Sierra Leone’s Extradition Act (1974) states:
Part I – GENERAL
2. Public Policy.
(1) No extradition shall be granted under any of the provisions of this Act if, in the circumstances of the particular case, it appears to the Attorney-General that it would be contrary to the public policy of Sierra Leone to do so.
(2) For the purposes of this section the expression “public policy of Sierra Leone” shall be taken to include –
a. the interests of security, public order and good morals; and
b. fundamental human rights and the principles of humane treatment generally accepted among civilised nations.
PART II—SPECIAL PROVISIONS TO COMMONWEALTH COUNTRIES
15. Circumstances precluding return.
(1) Section 2 shall not apply to cases under this Part, but extradition shall not be granted if in the circumstances of the particular case it appears to the Attorney-General that –
a. the offence is an offence of a political character; or
b. the request for surrender although purporting to be made for a returnable offence was in fact made for the purpose of prosecuting or punishing any person on account of his race, religion, nationality or political opinions; or
c. the person returned may be prejudiced at his trial or punished, detained or restricted in his personal liberty by reason of his race, religion, nationality or political opinions; or
d. the case is of a trivial nature; [or]
e. the accusation against the fugitive was not made in good faith or in the interest of justice; or
f. having regard to all the circumstances it would be unjust or oppressive or too severe a punishment to return the fugitive; or
g. the fugitive has been convicted of the offence of which he is accused and is neither unlawfully at large nor at large in breach of a condition of a license to be at large; or
h. the fugitive has been acquitted, whether within or outside the Commonwealth, of the offence of which he is accused.
17. Offences for which extradition may be granted.
Extradition may be granted for any of the offences set out in the Fourth Schedule [which includes murder; manslaughter; counterfeiting and altering money or bank notes and uttering counterfeit or altered money or bank notes and other offences relating to coinage and bank notes; forgery, counterfeiting and altering and uttering what is forged, counterfeited or altered; embezzlement; larceny; obtaining money or goods by false pretences; offences by bankrupts under any law relative to bankruptcy; fraudulent misappropriation and frauds by a bailee; rape; abduction; child stealing; burglary and housebreaking; arson; robbery with violence; bribery; sinking or destroying a vessel at sea; assault on board a ship on the high seas with intent to destroy life or do grievous bodily harm; revolt by two or more persons on board ship on the high seas against the authority of the master; offences in connection with the slave trade committed on the high seas or on land; kidnapping; false imprisonment; perjury and subornation of perjury; malicious or wilful damage to property; offences against legislation relating to dangerous drugs; offences against the person; any offence of a nature or category similar to any of the above-mentioned offences which is for the time being punishable in Sierra Leone; any conspiracy or attempt to commit any of the above-mentioned offences and the counselling, procuring, commanding, aiding or abetting of any such offence or being an accessory before or after]:
Provided that if the offence for which extradition is requested would not be an offence if committed in Sierra Leone extradition shall not be granted without the consent of the Attorney-General.
PART III—SPECIAL PROVISIONS APPLYING TO THE REPUBLIC OF GUINEA
22. In the case of the Republic of Guinea and such other countries as may from time to time be listed in the Second Schedule[,] the provisions of Part I shall apply subject to the following conditions, limitations and modifications –
a. in any case where extradition is requested for a non-political crime it shall not be granted unless –
i. the crime was committed in the Republic of Guinea; and
ii. the fugitive criminal has not been, and is not liable to be, punished in Sierra Leone for that crime, and
b. in all cases, extradition shall be granted only in respect of a crime which (due regard being had to differences between the legal systems of the respective countries) corresponds to a crime punishable under the criminal law of Sierra Leone. …
PART IV—SPECIAL CONDITIONS APPLYING TO THE COUNTRIES LISTED IN THE THIRD SCHEDULE
23. Special conditions applying to countries listed in the Third Schedule.
In the case of the countries listed in the Third Schedule the provisions of Part I shall apply subject to the following conditions, limitations and modifications –
a. extradition shall be granted only in respect of a crime which –
i. falls within one of the categories of offences listed in the Fourth Schedule; and
ii. corresponds to a crime punishable in Sierra Leone with imprisonment for a term of twelve months or more; and
b. extradition shall not be granted for any offence which appears to the Attorney-General to be of a political character.
Sierra Leone’s Constitution (1991) states:
18. Protection of freedom of movement.
(1) No person shall be deprived of his freedom of movement, and for the purpose of this section the said freedom means … immunity from expulsion [from] Sierra Leone.
(3) Nothing contained in or done under authority of any law shall be held to be inconsistent with or in contravention of this section to the extent that the law in question makes provision –
e. for the removal of a person from Sierra Leone to be tried outside Sierra Leone for a criminal offence recognised as such by the laws of Sierra Leone, or to serve a term of imprisonment outside Sierra Leone in the execution of the sentence of a court in respect of a criminal offence of which he has been convicted[.]