IN PARLIAMENT The National Drug Control Act As Ratified by the Sierra Leone Government Posted by on Sep 5, 2008, 14:20

The thrust of this Bill is to establish a National Drug Law Enforcement Agency, provide for the control of narcotic drugs and prevent their abuse.  The Bill also seeks to implement the provisions of the International Drug Control Conventions, which have not been domesticated by Sierra Leone, though they have been signed/ ratified by the Sierra Leone Government. Part III of the Bill proscribes drug abuse, drug trafficking and other conduct.  Clause 8 prohibits the production, cultivation, manufacture, exportation and importation of drugs.  This is aimed at controlling the source of drugs and carries a maximum penalty of life imprisonment.

Other acts, which are prohibited in the Bill, are the acquisition, transfer, possession and use of property derived from drug offences, the penalty for which is a fine of not less than twenty million Leones or imprisonment for a term of not less than five years or the court may impose both fine and imprisonment.

Clauses 10, 11 and 12 create other offences relating to possession of equipment used in the manufacture of drugs and the laundering of proceeds derived from drug offences.  These provisions are intended to discourage persons who knowingly acquire such property, use such equipment, or launder their proceeds from so doing, as these offences attract stiff penalties and the property, equipment or proceeds are also liable to be forfeited or confiscated.

Due to the addictive properties of narcotic drugs, it is recognized that penal sanctions will do little in terms of reform if there are no opportunities for treatment and reform of offenders.  Consequently, for the first time in our history, provisions for the treatment and rehabilitation of offenders will be introduced under Part IV of the draft Bill.  Part V of the proposed Bill contains provisions for the administration, compliance and enforcement of the Act.  Extensive investigatory powers are conferred on the Agency, which is expected to play a lead role in all investigations concerning drugs, analogues, controlled chemicals, controlled materials and controlled equipment in Sierra Leone:  Clause 26. The powers of the Agency will include monitoring, intercepting and recording the communications, conduct and movements of persons, subject to obtaining a warrant may be made only by the Executive Director of the Agency or by a Police Officer not below the rank of Assistant Inspector-General of Police.

In prosecuting offences against the Act, the Bill provides for certain presumptions of fact to be made.  For instance, clause 56 creates or raises a presumption of possession of a drug if it is found within the immediate vicinity of the accused or if found in any vehicle or vessel, etc., in the charge of the accused person.  In the case of drug samples, it shall be presumed that a sample taken from any substance possesses the same properties as the properties of that substance; Clause 59 creates or raises a presumption of possession of a drug if it is found within the immediate vicinity of the accused or if found in any vehicle or vessel, etc., in the charge of the accused person.  In the case of drug samples, it shall be presumed that a sample taken from any substance possesses the same properties as the properties of that substance: Clause 59.

An effective drug enforcement agency must offer protection to informers to encourage divulging of information on proscribed drug activities.  In this regard, Clause 70 of the Bill makes provision for the protection of the names and identities of informers who are not witnesses in court proceedings.  This safeguard is reinforced by a duty imposed on analysts and other authorized persons to maintain secrecy of information acquired in the course of an investigation under the Act, except when required by a court in Sierra Leone to make the disclosure, etc.

As the problem of drugs and drug trafficking transcends geographical boundaries, the Bill provides for mutual assistance between Sierra Leone and other countries in investigations and proceedings relating to drugs, in Part VI of the proposed Act.

Part VII provides for the establishment of a Fund for the Prevention and Control of Drug Abuse.  The moneys which must be credited to this Fund include the proceeds of any property forfeited or confiscated under the Act and all moneys payable to the Agency under a Mutual Assistance Agreement.  It is expected that these funds will help to ease the financial burden on Government as they will be applied towards defraying the expenses incurred in carrying out and furthering the purposes of the Act: Clause 87