Criminal Procedural (Amendment) Bill, 2026

Summary

The Criminal Procedure Act No. 6 of 2025 is a progressive and modern legislation that was passed to revise and consolidate the laws that regulate the procedure of trial in criminal cases in The Gambia. Part of the rationale for passing the Act resonates with the need to transit from the traditional style of criminal justice administration in The Gambia and embrace a more modern application that is consistent with best practice in criminal procedure administration in the 21st century. The Act introduced modern reformative measures and mechanisms such as suspended sentencing, community service and parole amongst others. Some of these provisions require corresponding actions from institutions of the Government which in turn have cost implications for effective implementation. Unfortunately, the funds needed to provide the institutions that are required to implement some of these provisions are not available at this time. However, the Government is still committed to ensuring that all the requisite institutions that are needed to give full effect to the effective implementation of the Act are established in the near future. As a result, it has become pertinent following the ruling of the High Court in two cases involving application for parole under section 258 of the Act to amend that provision and suspend its commencement to a time in the future when the facilities that are needed to give effect to its implementation have been provided. This Bill therefore seeks to amend section 258 of the Criminal Procedure Act by introducing two new provisions that will stultify its application until all the facilities needed to effectively implement it are put in place. It is imperative to pass this Bill because of its impracticability owing to the absence of a Government facility and a rehabilitation programme in The Gambia for persons given parole as required to within the contemplation of that section.