Criminal law in Gambia

The Gambia's criminal-law system covers offences such as homicide, assault, theft, robbery, fraud, trafficking, drug offences, sexual offences, corruption and computer misuse. The applicable offence and penalty depend on the relevant written law. The Criminal Offences Act 2025 consolidates and replaces the former Criminal Code Cap 10:01, while the Criminal Procedure Act 2025 replaces the former Criminal Procedure Code Cap 11:01. The Gazette, the commencement provisions and the case file should be checked because the operative version and any amendments determine which rules apply, especially to conduct or proceedings that began before the new legislation took effect. The Gambia Police Force usually investigates criminal allegations. The Director of Public Prosecutions can initiate, take over or discontinue prosecutions within the constitutional and statutory framework. Magistrates' Courts handle summary matters, while the High Court handles indictable trials. Appeals generally move through the High Court, Court of Appeal and Supreme Court according to the type of decision and applicable procedure. A private prosecution may be possible in limited circumstances, but statutory exclusions and procedural limits apply. A person arrested on reasonable suspicion of a cognisable offence or under another lawful ground should receive the reason for arrest and information about relevant rights. These rights include silence, access to a lawyer or another person of choice, notification of a family member or next of kin without charge, and humane treatment. The National Agency for Legal Aid can provide advice and representation where eligibility and available funding allow. Its headquarters are in Banjul, with centres in Basse and Farafenni; access outside Greater Banjul may be more limited. Searches require a lawful basis, and personal searches should follow the same-sex and decency safeguards. Bail is generally available, but the court applies different rules according to the possible sentence and the risks of flight, reoffending, interference with witnesses or evidence, prejudice to the investigation, or harm to the justice process. An offence punishable by life imprisonment requires an application to a High Court judge and exceptional circumstances. Bond, a surety or security may be required, but conditions should not be excessive or harsh. Conviction can lead to imprisonment, a fine, forfeiture, compensation, restitution, a suspended sentence, probation, community service or police supervision. Community service is subject to statutory limits and exclusions, and parole requires the relevant legal conditions and an application to the High Court. Victims may receive compensation for material loss or personal injury after conviction, and stolen property may be restored. The Criminal Procedure Act 2025 provides a witness and victim protection mechanism, and victims or their representatives may have an opportunity to comment on a plea agreement unless that is impracticable. The National Human Rights Commission can receive complaints and monitor or investigate rights violations, but it does not replace a criminal court. Children under 18 are dealt with through child-specific safeguards and the Children's Court under the Children’s Act 2005. The exact charge, age and court process determine the available protection, bail arrangements and rehabilitation measures. Road offences remain connected to the Motor Traffic Act 1948 and the Criminal Offences Act, although the traffic framework has been described as potentially obsolete and a replacement bill was still under development in the reviewed material. The ICT Act 2009 contains computer-misuse and cybercrime provisions; a separate enacted Cybercrime Act was not evidenced in the reviewed sources. The Gambia Computer Security and Incident Response Team can support incident response, but it does not replace police investigation or prosecution. The formal legal framework applies countrywide, including within The Gambia, its territorial waters and, in specified circumstances, Gambian-flagged ships and aircraft. Practical access to police stations, legal aid and courts can vary between Greater Banjul and rural areas. Court, appeal, copying, security and representation costs may arise, and there is no single evidenced duration for every criminal case. The relevant offence, current law, court, location and procedural stage determine the next step.