THE NATIONAL DRUGS CONTROL ACT, 2008 - Sierra … · the national drugs control act, 2008...

THE NATIONAL DRUGS CONTROL ACT, 2008

ARRANGEMENT OF SECTIONSSection

PART I–PRELIMINARY1. Interpretation.

PART II–ESTABLISHMENT OF THE NATIONAL DRUG LAWENFORCEMENT AGENCY

2. Establishment of the National Drug Law Enforcement Agency.3. Functions of Agency.4. Executive Director and other staff of Agency.5. Advisory Council.6. Functions of Advisory Council.

PART III–DRUG ABUSE, DRUG TRAFFICKING AND RELATED OFFENCES

7. Prohibition of manufacture, cultivation, importation and exportation ofdrugs, etc.

8. Prohibition of possession and use of drugs, etc.9. Prohibition of acquisition of property derived from drug offence.

10. Prohibition of possession of equipment for manufacture of drugs, etc.11. Prohibition of laundering proceeds derived from drug offence.12. Additional orders.13. Grounds for aggravation.14. Suspension of sentences.15. Attempts, conspiracy, aiding, abetting, etc.16. Assisting in commission of offence abroad.17. Burden of proof.

PART IV–TREATMENT AND REHABILITATION OF OFFENDERS

18. Treatment assessment panels.19. Treatment orders.20. Suspension of penalties.21. Discharge of penal provisions.22. Revocation of suspension order.23. Offences in relation to treatment orders.

PART V–ADMINISTRATION, COMPLIANCE AND ENFORCEMENT

24. Agency to serve as focal point.25. Agency staff to exercise police powers.26. Appointment of inspectors.27. Duty to account for drugs, controlled chemicals and equipment.28. Exercise of powers by inspectors.29. Inspection of approved treatment centres.30. Inspectors to produce authority.31. Obstruction of inspectors, etc.32. Application for warrant.33. Effect of warrant.34. Admissibility of evidence obtained under warrant.35. Undercover and controlled delivery operations.36. Monitoring of mails.37. Access to computer systems.38. Search warrants.39. Search or seizure without warrant in emergencies.40. Search of persons and clothing.41. Search of internal body cavity.42. Temporary detention of certain suspects.43. Power to destroy cannabis and other unlawful crops.44. Collection and processing of evidence at seizures.45. Designation of analysts.46. Sampling and analysis of bulk seizures.47. Early disposal of seized drugs, etc.48. Special enforcement powers.49. Power to stop, board, divert and detain ship.50. Power to search and obtain information.

ACTSupplement to the Sierra Leone Gazette Vol. CXXXIX, No. 38

dated 7th August, 2008

ii

51. Powers in respect of suspected offence.52. Assistance in the exercise of functions.53. Evidence of authority.54. Factual presumptions relating to possession of drugs and analogues.55. Factual presumption of purpose.56. Proof of street or market value of drug, etc.57. Factual presumption relating to samples.58. Proof of continuity of possession of exhibits.59. Admissibility of official records.60. Proof of certificate or report of scientific analysis.61. Proof that Sierra Leone is party to Drug Control Convention.62. Proof of prohibited import or export of drug, etc, under foreign law.63. Offence of interfering, etc. with evidence.64. Tipping-off.65. Obstruction of authorised persons, etc.66. Protection of authorised persons, etc.67. Abuse of authority.68. Protection of informers.69. Duty to maintain secrecy.

PART VI–MUTUAL ASSISTANCE IN INVESTIGATIONS ANDPROCEEDINGS RELATING TO DRUG OFFENCES

70. Authority to make requests for legal assistance.71. Limitation on compliance with requests.72. Nature of requests.73. Contents of requests from foreign States.74. Order for person in foreign State to deliver himself.75. Evidence obtained abroad.76. Consensual transfer of persons in foreign State.77. Requests to Sierra Leone for evidence, etc.78. Requests to Sierra Leone for search warrants.79. Consensual transfer of persons in Sierra Leone.80. Property tracking, etc. for foreign State.81. Request for freezing or forfeiture of property.82. Requests not to be invalidated.83. Interfering with mutual assistance orders.84. Sharing of proceeds.

PART VII–FUND FOR PREVENTION AND CONTROL OF DRUG ABUSE

85. Fund for prevention and control of drug abuse.86. Administration of Fund.

PART VIII–MISCELLANEOUS

87. Power to delegate.88. Offences by body of persons.89. General penalty.90. Power to amend Schedules91. Regulations.92. Repeal and savings.93. Act to prevail.

FIRST SCHEDULEProhibited Drugs.

SECOND SCHEDULEHigh-Risk Drugs.

THIRD SCHEDULE Risk Drugs.

FOURTH SCHEDULE Toxic Chemical Inhalants.

iii iv

Short title.

No. 10 2008

Sierra Leone

The National Drugs Control Act, 2008.

Being an Act to establish the National Drug Law EnforcementAgency; to provide for the control of and prevention of abuse ofnarcotic drugs; to implement the provisions of International DrugControl Conventions, and to provide for other related matters.

[ ]

ENACTED by the President and Members of Parliament in thispresent Parliament assembled.

Date of com-mencement.

SIGNED this 5th day of August, 2008

DR. ERNEST BAI KOROMA,President.

LS

No. 10 National Drugs Control Act 2008No. 10 National Drugs Control Act 2008

Interpretation.

PART I–PRELIMINARY

1. (1) In this Act unless the context otherwise requires–

“analogue” means any substance not listed in anySchedule to this Act, and whose chemical structureis substantially similar to any drug whosepsychoactive effects are simulated by suchsubstance;

“analyst” means a person designated as such undersection 45;

“approved treatment centre” includes a hospital,nursing home, hostel, health facility or otherinstitution designated from time to time by theMinister as an approved treatment centre to providetreatment for drug abusers or drug dependentpersons;

“Attorney-General” means the Attorney-General andMinister of Justice;

“authorised person” means–

(a) an officer, servant or agent of the NationalDrug Law Enforcement Agency authorisedby the Executive Director to exercise anypower or to perform specified duties underthis Act;

(b) a member of the Police Force of Sierra Leone;or

(c) a customs officer;

“cannabis” means any part of the cannabis plant(including the seeds and leaves) from which cannabisresin has not been extracted;

“cannabis plant” means any plant of the genuscannabis;

“cannabis resin” means the separated resin, whethercrude or purified, obtained from the cannabis plant;

“coca bush” means the plant of any of the speciesErythroxylon;

“controlled chemical” means such substance as theMinister may prescribe as such;

“controlled delivery” means the investigativetechnique of allowing an unlawful or suspectconsignment of a drug, an analogue, a chemical, aninnocuous substitute substance, an item ofcontrolled equipment or controlled material orproperty believed to be derived directly or indirectlyfrom any offence, to pass into, through or out ofSierra Leone under the supervision of an authorisedperson, with a view to gathering evidence to identifyany person involved in any serious offence, or tofacilitate prosecution of that offence;

“controlled equipment” means such equipment as theMinister may prescribe as such;

“controlled material’ means such material as theMinister may prescribes as such;

“convention State” means a party to the United NationsConvention against Illicit Traffic in Narcotic Drugsand Psychotropic Substances, 1988;

“court” means the High Court;

“cultivate” includes planting, sowing, scattering theseed, growing, nurturing, tending or harvesting, andalso includes the separation of opium, coca leaves,cannabis and cannabis resin from the plants fromwhich they are obtained;

2 3


“data” means representations, in any form, ofinformation or concepts;

“dentist” means any person who is registered andentitled under the Medical Practitioners and DentalSurgeons Act, 1994 to practise the profession ofdentistry;

“document” means any record of information, andincludes–

(a) anything on which there is writing;

(b) anything on which there are marks, figures,symbols, or perforations having meaning forpersons qualified to interpret them;

(c) anything from which sounds, images orwritings can be produced, with or withoutthe aid of anything else; or

(d) a map, plan, drawing, photograph or similarthing;

“drug” means a prohibited drug, high-risk drug, a riskdrug or a preparation;

“drug abuser” in relation to a drug or analogue, meansany person who uses it–

(a) without a medical prescription; and

(b) for a purpose other than a medical, scientificor related purpose;

“drug dependent person” in relation to a drug oranalogue, means any person who has a conditionsuch that–

(a) administration of the drug to him results inthe person demonstrating impaired controlin relation to the use of that drug, or drug-seeking behaviour suggesting such impairedcontrol; or

(b) cessation of the administration of the drug islikely to result in the person experiencingsymptoms of mental or physical distress ordisorder;

“encapsulating machine” means any device which isused to fill shells, capsules or other containers witha drug or analogue in whatever physical form;

“foreign State” means any country other than SierraLeone and every constituent part of such country,including a territory, dependency or protectorate,which administers its own laws relating to drugs,analogues, controlled equipment and controlledmaterials;

“high-risk drug” means a substance listed in the SecondSchedule;

“inspector” means any person appointed inspectorunder section 26;

“institution” means a hospital, nursing home or otherinstitution used for the accommodation, treatmentand care of persons suffering from physical or mentalconditions;

“International Drug Control Convention” means–

4 5

Act No. 12of 1994.


(a) the Single Convention on Narcotic Drugsdone at New York on 30 March 1961, asamended by the 1972 Protocol amending theSingle Convention done at Geneva on 25Mach 1972;

(b) the Convention Against PsychotropicSubstances done at Vienna on 21 February1971;

(c) the United Nations Convention Against IllicitTraffic in Narcotic Drugs and PsychotropicSubstances done at Vienna on 20 December1988; and

(d) any other international convention orprotocol or other instrument amending aninternational convention relating in whole orin part to drugs, controlled chemicals orcontrolled equipment to which Sierra Leonemay become party after the commencementof this Act;

“manufacture” in relation to a drug, analogue,controlled chemical or controlled material includes–

(a) carrying out any process by which such drug,analogue, controlled chemical or controlledmaterial is produced;

(b) formulating, preparing, mixing, extracting,refining, compounding or packing such drug,analogue, controlled chemical or controlledmaterial;

(c) transforming such drug, analogue orcontrolled chemical or controlled material intoanother drug, analogue or controlledchemical or controlled material, and

(d) making a drug into dosage form;

“medical practitioner” means any person who isregistered and entitled under the MedicalPractitioners and Dental Surgeons Act, 1994 topractise the profession of medicine;

“Minister” means the Minister responsible for internalaffairs;

“minor” means an individual who is below the age ofeighteen years;

“opium poppy” means the plant of the speciesPapaver somniferum;

“pharmacist” has the meaning assigned to it in thePharmacy and Drugs Act, 2001;

“place” includes any land (whether vacant, enclosedor built upon, or not), and any premises;

“practitioner” means a dentist, medical practitioner orveterinary surgeon, and any person who is entitledunder the laws of Sierra Leone to practice any otherprofession whose members may lawfully prescribe,dispense or administer any drug;

“premises” includes the whole or any part of astructure, building, aircraft, vessel or vehicle;

“preparation” means a solution or mixture in whateverphysical state, containing a drug or a controlledchemical;

“prescription” means a written direction by apractitioner that a stated amount of a drug bedispensed for the person named in it or for thetreatment of an animal;

“proceedings” means any procedure conducted by orunder the supervision of a judge, magistrate orjudicial officer however described in relation to anyalleged or proven offence or property derived fromsuch offence and includes an inquiry, investigationor preliminary or final determination of facts;

6 7

Act No. 12of 2001.

Act No. 12of 1994.


“prohibited drug” means a substance listed in the FirstSchedule;

“property” means real or personal property of everydescription, whether situated in Sierra Leone orelsewhere and whether tangible or intangible, andincludes an interest in such property;

“property derived from an offence” means anyproperty derived or realized directly or indirectly froma serious offence and includes, on a proportionalbasis, any other property into which any propertyderived from an offence is successively converted,intermingled or transformed, as well as income,capital or other economic gain derived or realizedfrom such converted, intermingled or transformedproperty;

“record” means any material on which data is recordedor marked and which is capable of being read orunderstood by a person, computer system or otherdevice;

“risk drug” means a substance listed in the ThirdSchedule;

“serious offence” means–

(a) an offence under Part III;

(b) an offence under any other enactment in forcein Sierra Leone the maximum penalty forwhich is death or imprisonment for a term ofnot less than twelve months;

(c) an offence under a law of a foreign State, inrelation to an act or omission, which, had itoccurred in Sierra Leone, would haveconstituted an offence for which the maximumpenalty is death or imprisonment for a termof not less than twelve months;

“Sierra Leone aircraft” means an aircraft that is–

(a) registered in Sierra Leone or exempted fromregistration, under the Aviation Act, 2008;

(b) owned wholly or partly by or in thepossession or control of the Government ofSierra Leone or any local council; or

(c) owned by or in the service of the ArmedForces of Sierra Leone including an aircraftthat is being commanded by or piloted by aperson in the course of his duties as a memberof those Forces;

(d) registered in a foreign State, and leased to aperson ordinarily resident or having aprincipal place of business, in Sierra Leone;

“Sierra Leone ship” means–

(a) a ship registered or exempted fromregistration, under the Merchant ShippingAct, 2003;

(b) an unregistered ship that has a Sierra Leonenationality;

(c) a ship that belongs to the Armed Forces ofSierra Leone;

(d) a ship that is owned by the Government ofSierra Leone or by a local council; or

(e) a ship that is held by any person on behalfof or for the benefit of the State;

“supply” includes sale, consignment, dispatch,transport, delivery, distribution, dispensing and anoffer to supply;

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Act No. 3of 2008.

Act No. 3of 2003.


“tabletting machine” means any device which may beused to compact or mould a drug or analogue into asolid tablet;

“toxic chemical inhalant” means a substance listed inthe Fourth Schedule;

“transit” means the physical transfer of any drug,analogue, controlled chemical or controlled materialinto and out of the territory of Sierra Leone withoutundergoing any customs process or procedure inSierra Leone and where Sierra Leone is neither itscountry of origin nor destination;

“treatment” includes medical treatment, therapy oradmission to an education or rehabilitationprogramme, which is aimed at-

(a) preventing drug abusers from further abusingdrugs; and

(b) assisting drug-dependent persons toovercome their drug dependence;

“under cover operations” means operations for thepurpose of providing a person who may havecommitted, is about to commit or is committing aserious offence an opportunity to manifest evidencethereof;

“veterinary surgeon” means any person who isregistered and entitled under the laws of Sierra Leoneto practice the profession of veterinary medicine.

PART II–ESTABLISHMENT OF THE NATIONAL DRUG LAWENFORCEMENT AGENCY

2. (1) There is hereby established a body to be known asthe National Drug Law Enforcement Agency (hereafter referred to as“the Agency”).

(2) The Agency shall be headed by the ExecutiveDirector.

3. (1) The Agency shall, in addition to any other functionsconferred on it by this Act, have responsibility for–

(a) providing leadership in and coordinating allissues relating to drug control, eradicatingdrug abuse and the primary causes of drugabuse, illicit drug supply and drug-relatedcrime;

(b) coordinating all drug-related regulatory,enforcement and prosecution functionsconferred on any person or authority by anyenactment;

(c) developing and effectively implementing thenational drug control strategy;

(d) ensuring that decisions of the AdvisoryCouncil are implemented;

(e) facilitating cooperation and the timelyexchange of information between regulatory,law enforcement, criminal justice, demandreduction, scientific and technical agenciesin Sierra Leone and abroad, relating to drugand precursor control, demand reduction anddrug-related crime;

(f) collecting, collating and disseminatinginformation on drug and drug-related issuesto public and private sector agencies andorganizations and the wider community, andthe conduct of research, analysis andeducation geared towards the prevention anderadication of drug abuse;

Establish-ment ofNational DrugLaw Enforce-mentAgency.

10 11

Functions ofAgency.


(g) taking such measures that may ensureeffective collaboration with governmentbodies, agencies and non-governmentalorganizations wherever situate and carryingon functions wholly or partly analogous tothose of the Agency;

(h) improving international co-operation againstdrug trafficking and precursor trafficking byland, sea and air;

(i) encouraging and strengthening co-operationbetween the office of the Attorney-General,the Sierra Leone Police, the National RevenueAuthority, Immigration Department,Ministries of Social Welfare, Health,Transport and Aviation, Internal Affairs, localcouncils, Prisons Department, other lawenforcement agencies and non-governmentalorganizations, in addressing issues of drugcontrol, reducing drug abuse and its primarycauses, and combating illicit drug supply anddrug-related crimes;

(j) enforcing and duly administering theprovisions of this Act including receiving,investigating or referring to the appropriateauthority, any complaint of a suspected oran alleged offence under this Act.

(2) An investigation under paragraph (j) of subsection(1) may be carried out in relation to any of the following matters:–

(a) the nature, location and value of any propertysuspected on reasonable grounds to bewholly or partly property derived from anoffence under this Act; and

(b) the affairs of any person or entity, todetermine the manner and circumstances inwhich that person or entity acquired, used,controlled or disposed of such property.

(3) Subject to the general or specific direction of theAttorney-General, the Agency may–

(a) take charge of the conduct of proceedingsagainst any person in respect of any offenceunder this Act;

(b) institute and conduct proceedings before anycourt in Sierra Leone with a view to therestraint, confiscation or forfeiture of anyproperty being the proceeds or in-strumentality of any offence under this Act.

(4) For the purpose of inquiring into and ascertainingwhether property is the proceeds of or an instrumentality of an offenceunder this Act, the Agency may, by notice in writing require anyperson to furnish it within such period as is specified in the notice,such relevant information, returns, accounts, books or otherdocuments in the custody of such person as the Agency may considerfit and proper within the circumstances.

(5) A person who fails to comply with a requirement undersubsection (4) commits an offence and is liable on conviction to afine not less than twenty million leones or to imprisonment for a termnot less than five years or to both the fine and imprisonment.

4. (1) The Executive Director of the Agency, shall beappointed by the President subject to the approval of Parliament.

(2) The Executive Director shall be a person of highpersonal probity.

(3) The Executive Director shall hold office for a term ofthree years and thereafter shall be eligible for re-appointment for oneadditional term only.

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ExecutiveDirector andother staff ofAgency.


(4) As head of the Agency, the Executive Director shallhave responsibility for–

(a) the effective performance of its duties andthe proper exercise of the powers of theAgency;

(b) the day-to-day management of the affairs ofthe Agency;

(c) the administration, organization and controlof the other staff of the Agency.

(5) In addition to the Executive Director, the Agency shallhave such other staff including investigators and prosecutors asmay be required for the efficient performance of its functions.

(6) The Agency may, from time to time, employ such otherpersons as the Executive Director may consider necessary to assist itin the performance of its functions.

(7) The staff of the Agency shall be public officers.

(8) Other public officers may be seconded or called uponto render assistance to the Agency.

(9) The Executive Director shall, not later than threemonths after the end of every year, submit a report of the activities ofthe Agency in that year, to the President who shall cause the reportto be laid before Parliament.

5. (1) There is hereby established a body to be known asthe Advisory Council.

(2) The Advisory Council shall consist of a chairman andsix other members to be appointed by the President, subject to theapproval of Parliament

(3) The members of the Advisory Council shall hold officefor a term of three years and thereafter shall be eligible for re-appointment for one additional term only.

(4) A member of the Advisory Council may resign hisoffice by writing addressed to the President.

(5) The members of the Council shall be paid suchallowances as may be stated in their letters of appointment.

(6) The Advisory Council shall appoint a person to serveas secretary to the Council.

6. (1) The Advisory Council shall–

(a) provide strategic guidance to the Agency inthe discharge of its functions and to otherinstitutions having functions similar to thoseof the Agency;

(b) review and where appropriate recommendrevision to the national drug strategy andensure its effective implementation; and

(c) upon request, advise the President on mattersrelating to this Act.

(2) The Advisory Council shall regulate its proceedings.

PART III–DRUG ABUSE, DRUG TRAFFICKING ANDRELATED OFFENCES

7. A person who, without lawful authority–

(a) prepares, extracts, manufactures, produces,or cultivates a prohibited drug;

(b) collects, transports, imports, exports,transships or transmits any prohibited drug;

(c) supplies, administers, sells, exposes or offersfor sale or otherwise deals in or with anyprohibited drug,

commits an offence and is liable on conviction to life imprisonment.

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Functions ofAdvisoryCouncil

AdvisoryCouncil.

Prohibitionof manufac-ture,cultivation,importationand exporta-tion of drugs,etc.



(a) buys, sells, possesses or has under hiscontrol, any drug or uses any drug bysmoking, inhaling, sniffing, injecting orotherwise introduces the drug into his body;or

(b) injects any person with or in any manneradministers a drug to any person,

commits an offence and is liable on conviction to imprisonment for aterm not less than five years.

9. (1) A person who knowingly–

(a) acquires, possesses or uses property that isderived from any offence under this Part; or

(b) converts or transfers property derived fromany offence under this Part,

commits an offence and is liable on conviction to a fine not less thantwenty million leones or to a term of imprisonment for a term not lessthan five years or to both the fine and imprisonment.

(2) In addition to the penalty prescribed in subsection(1), the property shall be forfeited to the State.


(a) possesses any high risk drug or any materialor substance or otherwise, intended to beused in or for manufacture or cultivation ofdrugs;

(b) manufactures, transports or distributes anymaterial or substance listed in the SecondSchedule or otherwise, intended to be usedin or for the manufacture or cultivation ofdrugs;

(c) engages in the organization, management orfinancing of any offence under this Part; or

(d) engages in any activity for the purpose ofestablishing or promoting any enterpriserelating to drugs,

commits an offence and is liable on conviction to a term ofimprisonment for five years and the equipment, material or substanceshall be confiscated to the State.

11. A person who, without lawful authority, uses, transfers thepossession of, sends or delivers to any person or place, transports,transmits, alters, disposes of or otherwise deals with, in any manner,any property or proceeds of any property with intent to conceal,disguise or convert that property or those proceeds knowing that allor part of that property or of those proceeds was obtained or deriveddirectly or indirectly as a result of–

(a) the commission of an offence under this Act;or

(b) an act elsewhere which if it had occurred inSierra Leone would have constituted anoffence under this Act,

commits an offence and is liable on conviction to a fine not less thanthirty million leones or to a term of imprisonment not less than tenyears.

12. (1) Where a person has been convicted of an offenceunder section 8, the court may in addition to the penalty prescribedfor that offence, make an order requiring the offender to undergomeasures such as treatment, education, aftercare, rehabilitation orsocial reintegration.

(2) Where a minor has been convicted of an offence undersection 8, the court may order as an alternative to the penaltyprescribed for that offence, that the minor undergoes treatment,education, aftercare, rehabilitation or social reintegration, as thecircumstances may require.

16 17

Prohibitionof possessionand use ofdrugs, etc.

Prohibitionof acquisi-tion of pro-perty derivedfrom drugoffence.

Prohibition ofpossessionof equipmentfor manu-facture ofdrugs, etc.

Prohibition oflaunderingproceedsderived fromdrug offence.

Additionalorders.


(3) Where the court in sentencing a person convictedunder section 8 finds that having regard to the unaggravated natureof the offence or any special circumstances relating to the offence orthe offender, the imposition of the prescribed penalty would be harshor unconscionable, it may sentence the offender to a lesser term ofimprisonment or impose a fine of not less than five million leones.

(4) Where a non-citizen or citizen of Sierra Leone bynaturalization has been convicted of an offence under this Part, thecourt may, in addition to the penalty prescribed for that offence,make an order for–

(a) the withdrawal or cancellation of the visa orcitizenship; and

(b) the prohibition from re-entry into ordeportation from Sierra Leone,

of that person.

(5) Where a person is convicted of an offence under thisPart, the court may in addition to the penalty prescribed for thatoffence, confiscate or forfeit any equipment or property which is thesubject matter of the offence or which has been used for thecommission of the offence.

(6) No conveyance used for the commission of the offenceshall be forfeited if the offence was committed by a person other thanthe owner or person in charge of the conveyance and it is proved tothe court that the use of such conveyance for the commission of theoffence was without the knowledge or consent of the owner or personin charge of the conveyance and was not due to any neglect, default,or lack of reasonable care by the owner or person in charge of theconveyance.

(7) In making an order for forfeiture, the court may give–

(a) directions for the purpose of determining anydispute as to the ownership of or other interestin the property or any part thereof;

(b) directions as to the disposal of the property;and

(c) such other directions as it may think fit.

(8) On an application by a person in respect of whoseproperty a forfeiture order has been made under this Part, the courtmay order that a sum determined by the court to be the value of theproperty, be paid by that person to the court and upon payment ofthat sum the property shall be returned to him.

13. In determining the nature and extent of any penalty to beimposed in relation to any person convicted of an offence under thisPart, the court shall take into account whether–

(a) the person convicted-

(i) belonged to an organized criminalsyndicate;

(ii) participated in other illegal activitiesfacilitated by the offence;

(iii) used violence or arms;

(iv) committed the offence in the exercise ofa public office or public duty;

(v) added any substance to the drugswhich aggravated their danger to a user;

(vi) made use or took advantage of a minoror mentally handicapped person incommitting the offence; or

(vii) is in a state of recidivism, in establishingwhich any convictions pronouncedabroad shall be taken into account;

18 19

Grounds foraggravation.


(b) the offence was committed–

(i) by a health professional or personresponsible for combating drug abuseor drug trafficking;

(ii) in a teaching or educational institution,a hospital or health care institution, asocial service facility or in other placeto which school children or studentsresort for educational, sports or socialactivities, or in the immediate vicinity ofsuch institution or place; or

(iii) in a penal or correctional institution or amilitary, police, customs or any other lawenforcement establishment;

(c) the person to whom the drug was suppliedor offered was a minor, a mentallyhandicapped person or a person undergoingmedical treatment, or whether the use of thedrug by such person was facilitated byanother;

(d) the drug supplied caused death or seriouslyimpaired the health of another person.

14. Where a person who has been convicted of an offenceunder this Part is a first offender, the court may suspend the whole orpart of the penalties imposed on the person, on such terms andconditions as appear to be necessary to ensure that the person doesnot repeat the offence, if it is in the interests of justice and not contraryto the broader public interest, to make such order.

15. An attempt or conspiracy to commit an offence or aiding,abetting, counseling or procuring the commission of an offence underthis Part shall be punishable as if the offence had been committed.

16. A person who, being in Sierra Leone assists in or inducesthe commission outside Sierra Leone of an offence punishable underthe law of a foreign State relating in whole or in part to the control ofany drug, analogue, controlled chemical, controlled equipment orcontrolled material, commits an offence.

17. In any proceedings under this Part, the burden of provingthat an act was done with lawful authority shall be on the accusedperson.

PART IV–TREATMENT AND REHABILITATION OF OFFENDERS

18. The Minister shall establish treatment assessment panelscomprising four persons appointed by the Minister, two of whomshall be a legalpractitioner and a medical practitioner respectivelyand the other two persons having extensive knowledge of thepsychological, physical or social problems connected with the abuseof drugs and analogues for the purpose of assessing the treatmentand rehabilitation requirements of offenders.

19. (1) Where a person is convicted of an offence under thisAct and the court considers that the person may have been–

(a) under the influence of a drug or analogue atthe time of the commission of the offence; or

(b) motivated to commit the offence by a desireeither to use drug or analogue or obtainresources to enable its use,

20 21

Suspension ofsentences.

Attempts,conspiracy,aiding, abet-ting etc.

Assisting incommissionof offenceabroad.

Burden ofproof.

Treatmentassessmentpanels.

Treatmentorders.


the court may order that the person submit himself for assessment bya treatment assessment panel.

(2) Where the panel recommends that the person shouldundergo treatment at an approved treatment centre, the court may–

(a) order that the person, during a period of twoyears or such shorter period as the court mayspecify, submit himself to the treatmentspecified in the order or for such othertreatment as directed from time to time by thepanel; and

(b) specify conditions relating to the supervisionof the person, at the approved treatmentcentre, and periodic attendance before atreatment assessment panel for review andevaluation of treatment and progress.

20. Where the court makes an order under paragraph (a) ofsubsection (2) of section 19, it may also order that any or all of thepenalties prescribed for the offence in question be suspended.

21. Where a person completes treatment ordered underparagraph (a) of subsection (2) of section 19 to the satisfaction of atreatment assessment panel,and within two years from the date ofhis conviction, commits no further offence under this Act, or anyother related enactment, any order made under this Act –

(a) shall be deemed to be fully served anddischarged in respect of that person in relationto the offence in respect of which it was made;and

(b) in relation to any other offence, may bedischarged by order of the court if it issatisfied that it is in the public interest to

make such an order, following considerationof a report of a treatment assessment panelthat the person is fit to return to everydayresponsibilities and functions.

22. (1) Where a person fails to complete the course oftreatment ordered to the satisfaction of the treatment assessmentpanel, the court may, on the recommendation of the panel, revoke theorder of suspension made under section 20.

(2) Where a suspension order made under section 20 isrevoked, any time spent in treatment shall count as time towards thedischarge of any relevant orders made under this Act.

23. Any person who, without reasonable excuse, refuses orfails to–

(a) comply with a treatment order;

(b) inform the authority in charge of an approvedtreatment centre attended by the personpursuant to a treatment order of any changein that person’s address; or

(c) appear before a treatment assessment panelas ordered,

commits an offence and is liable on conviction to a fine not exceedingfive million leones or to a term of imprisonment not exceeding twoyears or to both the fine and imprisonment.

PART V – ADMINISTRATION, COMPLIANCE ANDENFORCEMENT

24. For the purposes of this Act, the Agency shall be the focalpoint and shall take a lead role in all investigations concerning drugs,analogues, controlled chemicals, controlled materials and controlledequipment in Sierra Leone.

22 23

Suspension ofpenalties.

Discharge ofpenal provi-sions.

Revocation ofsuspensionorder.

Offences inrelation totreatmentorders.

Agency toserve as focalpoint.


25. The Attorney-General may, by statutory instrument, make regulations–

(a) authorizing designated staff of the Agencyto exercise the powers conferred on policeofficers under the Police Act, 1964 and thePharmacy and Drugs Act, 2001 in respect ofinvestigations, arrests, detention, entry andsearch and seizure, subject to suchrestrictions as are stated in the instrument;and

(b) conferring on the staff of the Agency, suchother powers as may be necessary for theeffective implementation of this Act.

26. (1) The Minister may designate any staff of the Agencyas an inspector for the purposes of this Act.

(2) An inspector shall perform such duties as the Ministermay direct.

(3) The Minister shall cause to be issued to an inspectoran identity card bearing the name and a recent photograph of theinspector and authorization to perform the duties of inspector underthis Act.

27. (1) Notwithstanding anything to the contrary in anyenactment, a person who is registered or holds alicence or permit issued under the Pharmacy andDrugs Act, 2001 for the control, supply,manufacture or in any way dealing with a drug,controlled chemical, controlled equipment ormaterial shall, when required to do so in writing byan inspector, provide the inspector with a statementin writing, signed and dated by the personaccounting for each drug, controlled chemical oritem of controlled equipment or material in hispossession at any time since registration or thegrant of the licence, or permit , as the case may be.

(2) Any person who fails or refuses or neglects to complywith a requirement under subsection (1) commits an offence and isliable on conviction in the case of an individual to a fine not less thanten million leones and in the case of a body corporate to a fine notless than one hundred million leones.

28. (1) Subject to section 30, an inspector may at anytime during ordinary business hours with suchassistance and force as is reasonably necessaryenter any premises or place at which a personwho is registered or who holds a licence or permitunder the Pharmacy and Drugs Act, 2001, carrieson any activity, to ascertain whether this Act isbeing complied with.

(2) Upon entry into any premises or place pursuant tosubsection (1), an inspector may–

(a) require the occupier of the premises to statehis name and address;

(b) inspect the premises or place in order toascertain whether this Act, or a term orcondition of any licence or permit grantedunder the Pharmacy and Drugs Act, 2001has been or is being complied with;

(c) examine any label, advertising material,register, record, book, electronic data or otherdocument therein relating to any drug,controlled chemical or item of controlledequipment or material;

(d) make an extract from any register, record, bookor document or take a copy thereof, andrequire from any person having the custodyof any register, record, book or document, anexplanation of an entry in the register, record,book or document;

24 25

Agency staffto exercisepolice powers.

Act No. 7 of1964.

Act No. 12of 2001.

Appointmentof inspectors.

Duty toaccount fordrugs, cont-rolledchemicals andequipment.

Act No 12of 2001

Exercise ofpowers byinspectors.

Act No 12of 2001

Act No. 12of 2001.


(e) open and examine any receptacle or packagefound in that place in which a drug, analogue,controlled chemical or item of controlledequipment may be found;

(f) examine anything found in that place that isused or may be capable of being used for themanufacture, packaging or storage of a drug,analogue, controlled chemical or item ofcontrolled equipment or material;

(g) use or cause to be used any computer systemat that place to examine any electronic datareferred to in paragraph (c) or (f), andreproduce any document from the data orcause it to be reproduced in the form of aprint-out or other output;

(h) take anything referred to in paragraph (c) or(f) for examination or copying;

(i) use or cause to be used to make copies ofany document any copying equipment foundat that place;

(j) examine any substance found in that placeand take, for the purpose of analysis, suchsamples thereof as are reasonably required;

(k) seize and detain anything which, in theopinion of the inspector, is connected with,or may provide proof of a contravention ofthis Act, or a term or condition of any licenceor permit granted under the Pharmacy andDrugs Act, 2001, or which the inspectorbelieves on reasonable grounds is necessaryfor the purpose of ensuring compliance withthis Act.

(3) Where an inspector seizes and detains any substancesuspected to be a drug, analogue, controlled chemical or item ofcontrolled equipment or material, he may direct that it be kept orstored at the place where it was seized or be removed to any othersuitable place.

(4) Where an inspector determines that for the purposeof ensuring compliance with this Act it is no longer necessary todetain a substance reasonably suspected to be a drug, controlledchemical or item of controlled equipment or material under paragraph(k) of subsection (2), he shall notify in writing, the owner or otherperson in charge of the place where it was detained, of thatdetermination and, on being issued a receipt therefore shall returnthe substance to that person.

(5) Where in the ordinary course of duty, an inspector isof the opinion that an offence is being or has been committed underthis Act, he shall immediately report that fact to the Executive Directorand provide such further lawful assistance as may be reasonablynecessary for the purpose of any investigation or proceeding relatingto such offence.

29. (1) Subject to section 30, an inspector may at anyreasonable time, with such assistance as is reasonably necessaryenter the premises of an approved treatment centre.

(2) Upon entering an approved treatment centre, aninspector may–

(a) inspect the premises and any facilitiesprovided at or equipment used at thepremises for or in connection with theprovision of treatment or accommodation atthe centre;

(b) inspect any drug register, book, record ordocument kept on the premises relating tosuch treatment or accommodation;

26 27

Act No 12of 2001

Inspection ofapprovedtreatmentcentres


(c) require the occupier of the premises toproduce any drug register, book, record ordocument or to give to the inspector anyinformation in his possession relating to suchtreatment or accommodation;

(d) exercise any of the powers referred to inparagraphs (c) to (k) of subsection (2) ofsection 28 which, for the purposes of thissection shall apply mutatis mutandis to thecentre.

30. (1) An inspector exercising any powers conferred under section 28 or 29 shall produce his identity card issued undersubsection (3) of section 26, to the person in charge of any placeentered for the purposes of inspection pursuant to this Act.

(2) Where an inspector fails or refuses to produce hisidentity card, the occupier of the premises shall not be obliged tocomply with any requirement of the inspector.

31. A person who, without reasonable excuse–

(a) obstructs or hinders an inspector in theexercise of the powers or performance of theduties of inspectors under this Act; or

(b) refuses or fails to comply with a reasonablerequirement of an inspector who has enteredany premises in accordance with this Act,

commits an offence and is liable on conviction to a fine not less thantwo million leones or to a term of imprisonment not less than twelvemonths or to both the fine and imprisonment.

32. (1) Where the Executive Director or a police officer notbelowthe rank of Assistant Inspector General of Police has reasonablegrounds to believe that a person has committed an offence or isabout to commit an offence under this Act, the Executive Director orthe police officer may apply to the court for a warrant.

(2) An application under subsection (1) shall be made forany of the following purposes:–

(a) monitoring, intercepting and recording thecommunications of a person;

(b) monitoring and recording the conduct andmovements of a person;

(c) the performance of any function under thisAct.

(3) An application for a warrant shall specify–

(a) the facts relied upon to justify the belief;

(b) that the urgency of the matter is such that itwould be impracticable to carry out theinvestigation using normal investigativeprocedures and processes or that in theabsence of a warrant, it is likely thatinformation critical to the investigation wouldnot be obtained;

(c) where the purpose is to intercept acommunication–

(i) the type of communication proposed tobe intercepted;

(ii) the type of information, records,documents or things proposed to beobtained; and

(iii) the identity of the person, if known,whose communication is proposed tobe intercepted or who has possessionof the information, records, documentsor things proposed to be obtained;

28 29

Inspectors toproduceauthority.

Obstructionof inspectors,etc.

Applicationfor warrant.


(d) the person or class of persons to whom thewarrant is proposed to be directed;

(e) a general description of the place where thewarrant is proposed to be executed, provideda general description of that place can begiven;

(f) any previous application made in relation toa person referred to in subparagraph (iii) ofparagraph (c), the date on which theapplication was made and the decision ofthe judge to whom the application was made.

(4) In issuing a warrant, the judge shall specify the periodnot exceeding thirty days during which the warrant is to be in forceand such period may be extended if it is in the interest of justice andnot contrary to the public interest to do so.

33. (1) A warrant issued under section 32 shall authoriseevery person or class of persons to whom it is issued to exercise thepowers specified in the warrant for any of the purposes set out insubsection (2) of section 32.

(2) In addition, the warrant shall authorise the provisionof reasonable assistance to the person exercising the powers specifiedin the warrant by any person where the person to be assisted isexercising the powers in accordance with the warrant.

34. Notwithstanding any enactment to the contrary, evidenceobtained pursuant to and in accordance with a warrant issued undersection 32–

(a) shall be admissible in any proceedingsrelating to an offence under this Act;

(b) may be communicated to any competentauthority–

(i) in Sierra Leone, for the purpose of aninvestigation or proceeding relating toa serious offence; or

(ii) outside Sierra Leone, for the purpose ofa legal assistance request, made orreceived under Part VI.

35. (1) Where the Executive Director or a police officer notbelow the rank of Assistant Inspector General of Police suspects onreasonable grounds that any person has committed, or is about tocommit, an offence under this Act, he may give approval in writingfor–

(a) a controlled delivery to be carried out; and

(b) specified persons or classes of persons tocarry out or participate in the controlleddelivery.

(2) Notwithstanding any enactment to the contrary, theactivities which may be undertaken in the course of and for thepurposes of a controlled delivery may include–

(a) allowing any vehicle, vessel, aircraft or othermeans of transport to enter or leave SierraLeone;

(b) allowing any–

(i) drug, analogue, controlled chemical orcontrolled equipment or material or otherthing in or on the vehicle, vessel, aircraftor other means of transport; or

(ii) property believed to be derived directlyor indirectly from any offence,

to enter or leave Sierra Leone, or be delivered orcollected in Sierra Leone;

30 31

Effect ofwarrant.

Admissi-bility ofevidenceobtainedunder warrant.

Undercoverand controlleddeliveryoperations.


(c) placing a tracking device on board thevehicle, vessel, aircraft or other means oftransport;

(d) allowing any person who has possession orcustody of a drug, analogue, controlledchemical, item of controlled equipment ormaterial or other thing to enter or leave SierraLeone.

(3) Where the Executive Director or a police officer notbelow the rank of Assistant Inspector-General of Police suspects onreasonable grounds that any person has committed or is about tocommit an offence under this Act, he may give approval in writingfor–

(a) undercover operations to be carried out for aspecified period; and

(b) specified persons or classes of persons tocarry out or participate in the undercoveroperations for the purpose of gatheringevidence in Sierra Leone or elsewhere, relatingto the commission of the offence.

(4) An approval shall not be given unless the ExecutiveDirector or a police officer not below the rank of Assistant Inspector-General of Police–

(a) suspects on reasonable grounds that anyperson, whose identity may or may not beknown, has committed, is committing or isabout to commit an offence under this Act;

(b) is satisfied on reasonable grounds that theproposed undercover operations–

(i) are properly designed to provide thesuspect with an opportunity to manifestor provide evidence of that offence; and

(ii) will not give rise to an undue risk thatany person not involved in criminalactivities would be encouraged tocommit a criminal offence they wouldotherwise not have contemplated.

(5) The Executive Director or a police officer not belowthe rank of Assistant Inspector-General of Police may from time totime renew an approval given under subsection (3) for periods notexceeding six months.

(6) The Executive Director or a police officer not belowthe rank of Assistant Inspector-General of Police shall within twentyeight days of giving or renewing an approval, give a copy of theinstrument of approval or renewal to the Attorney-General.

(7) Any drug, analogue, controlled chemical, controlledequipment, controlled material or other thing imported into SierraLeone in the course of an approved undercover operation orcontrolled delivery shall, when no longer required for the purposesof the due enforcement of this Act, be liable to be dealt with as if itwere a prohibited import for the purposes of the Customs Act.

(8) Notwithstanding any enactment to the contrary, anauthorised participant in an undercover operation or a controlleddelivery shall not incur criminal liability for taking part in suchoperation or delivery in accordance with the terms of approval.

36. (1) Notwithstanding any enactment to the contrary, wherethe Executive Director suspects on reasonable grounds that anyconsignment by mail may contain evidence of the commission of aserious offence, the Executive Director may give approval in writingto an authorized person to carry out at any time inspections in thepostal services in order to detect that consignment, and if found, todetain it for further investigation.

(2) The court may, upon application by a competentauthority and if satisfied that there are reasonable grounds to believe

Cap. 271.

32 33

Monitoringof mails.


that any consignment detected and detained under subsection (1)may contain evidence of the commission of a serious offence, orderan authorized person to–

(a) open the consignment; and

(b) if such evidence is found on opening theconsignment, to seize and detain it untilfurther order of the court.

37. (1) Where it appears to the court that a computer systemin the custody of any person contains data which may be relevant toproving an offence under this Act, the court may order the personhaving custody or control of that system to give any authorisedperson, access to that data.

(2) Any person who, without reasonable excuse, refusesor fails to–

(a) give access as ordered; or

(b) provide reasonable assistance to enable thedata to be retrieved and recorded,

commits an offence and is liable on conviction to a fine not less thanfive million leones or to a term of imprisonment not less than fiveyears or both the fine and imprisonment and in the case of a bodycorporate to a fine not less than hundred million leones.

38. (1) Where a court is satisfied that there are reasonable grounds to believe that there is in any place–

(a) a drug, analogue, controlled chemical or itemof controlled equipment or material in respectof which this Act has been contravened;

(b) anything in which such a drug, analogue,controlled chemical or item of controlledequipment or material is contained orconcealed;

(c) any property derived from a serious offence;or

(d) any other thing that will afford evidence inrespect of an offence under this Act,

the court may issue a warrant empowering an authorized person atany time, or at such time as the court may specify in the warrant, toenter the place, search for the drug, analogue, controlled chemical,item of controlled equipment or material or thing and if found, seize it.

(2) An authorised person who executes a warrant undersubsection (1) may–

(a) enter any place named or described in thewarrant and search the place for things ofthe kind described in the warrant;

(b) search any person found at or in the place, orany person whom he reasonably believes tobe about to enter or to have recently left theplace, and any clothing that the person iswearing, or property in the apparent controlof the person that the authorized personbelieves on reasonable grounds, to beconnected with the offence;

(c) seize anything of the kind described in thewarrant found as a result of the search.

(3) An authorised person who executes a warrant issuedunder subsection (1) may seize, in addition to the things specified inthe warrant–

(a) any drug, analogue, controlled chemical oritem of controlled equipment or material inrespect of which he believes on reasonablegrounds that this Act has been contravened;

34 35

Access tocomputersystems.

Searchwarrants.


(b) anything that he believes on reasonablegrounds to contain or conceal such a drug,analogue, controlled chemical or item ofcontrolled equipment or material or thing;

(c) anything that he believes, on reasonablegrounds, to be property derived from aserious offence: or

(d) anything that he believes on reasonablegrounds will afford evidence in respect of anoffence under this Act.

39. (1) An authorised person may exercise any of the powersin subsections (2) and (3) of section 38 without a warrant if theconditions for issuing a warrant under subsection (1) of that sectionexist and he believes on reasonablegrounds that–

(a) it is necessary to do so in order to preventthe concealment, loss or destruction ofanything connected with an offence; and

(b) the circumstances are of such seriousnessand urgency as to require the immediateexercise of the power without the authorityof a warrant issued under subsection (1) ofsection 38 or of an order of the court.

(2) An authorised person acting under subsection (1)may–

(a) search any person or the clothingthat is being worn by, and propertyin the apparent control of a personwhom he suspects to be carryinganything connected with anoffence; or

(b) enter and search any place at or inwhich he believes on reasonablegrounds, that anything connectedwith an offence is situated; and

(c) seize the object that he finds in thecourse of that search or at or in thatplace.

(3) An authorised person may, for the purpose of thissection, detain any person whom he believes on reasonable grounds,is carrying without lawful authority or reasonable excuse, anythingconnected with an offence under this Act.

(4) An authorised person may, for the purposes of thissection, stop any vehicle, vessel or aircraft where he believes onreasonable grounds, that anything connected with an offence is inthe vehicle, vessel or aircraft.

(5) Any person aggrieved by the seizure of anythingunder this section by an authorised person may appeal to the court.

(6) Upon hearing an application under subsection (5),the court may–

(a) confirm the seizure; or

(b) order the release of the thing seized to theapplicant,

subject to such conditions as to the security and continuedpreservation of the thing as the court thinks fit.

40. (1) An authorised person may for the purposes of thisPart, search the clothing that a person is wearing and may remove orrequire the person to remove any clothing that he is wearing.

(2) A person shall not be searched under this Act exceptby an authorised person of the same sex.

36 37

Search orseizurewithoutwarrant inemergencies.

Search of persons andclothing.


41. (1) Where an authorised person has reason to believethat a person is transporting any drug or analogue by concealing itinside his body and the person refuses to submit to a medicalexamination, he may detain the person for a period not exceedingseventy two hours, pending the obtaining of an order of the courtunder subsection (2).

(2) Where the court is satisfied that there are reasonablegrounds to believe that a person is transporting any drug or analogueby concealing it inside his body and the person has refused withoutreasonable cause to submit to a medical examination, the court mayissue an order–

(a) directing the person to submit forthwith tosuch medical examination including X-ray orother tests as may be reasonably necessaryto establish whether the person istransporting a drug or analogue inside hisbody;

(b) authorising the person to be taken in custodyby an authorised person to any place statedin the order for the purpose of having themedical examination carried out; and

(c) authorising any medical practitioner to carryout such examination and to provide suchmedical treatment as may be reasonable andappropriate in the circumstances.

(3) A person who without reasonable excuse, refuses orfails to submit to a medical examination as directed by order madeunder subsection (2) commits an offence and is liable on convictionto a fine not exceeding ten million leones or imprisonment for a termnot less than two years or to both the fine and imprisonment.

42. Any person suspected on reasonable grounds of havingcommitted an offence, whether or not under this Part, may be arrestedand detained for a period not exceeding 72 hours.

43. (1) Subject to subsection (2), where it appears to anyauthorised person on reasonable grounds, that cannabis plants, cocabushes or opium poppy or any other plants that are a drug are–

(a) growing in the wild; or

(b) being cultivated unlawfully,

he may, without a warrant and with such assistance and force as isreasonably necessary enter any place on or in which such plants aregrowing and cause them to be uprooted and destroyed.

(2) The powers to uproot and destroy under subsection (1)shall not be exercised unless the authorised person believes, onreasonable grounds, that in all the circumstances-

(a) reasonable samples and other evidence havebeen collected to properly establish theidentity and location of the plants underunlawful cultivation; and

(b) it appears necessary to the authorised personto exercise the powers forthwith, in order toprevent other persons known or unknownfrom-

(i) unlawfully harvesting, removing,concealing or using the plants; or

(ii) endangering the life or safety of theauthorised person or any other person,

before the plants can be safely seized, secured and disposed of inaccordance with normal investigative practices.

38 39

Search of internal bodycavity.

Temporarydetention ofsuspects.

Power todestroycannabis andother unlawfulcrops.


44. (1) The authorised person in charge at a seizure sceneshall ensure that any material evidence is collected and processed,and in particular that any seized drug, analogue or controlled chemicalis properly marked for identification, weighed, counted, sampled,sealed, labeled and, until destroyed or otherwise disposed of inaccordance with section 47, preserved for evidentiary purposes.

(2) The authorised person in charge of the seizure shallalso prepare a report of the seizure as soon as possible but not laterthan seven days after seizure, which report shall include particularsof–

(a) the time, place and date of seizure;

(b) the identity of the authorised person whocarried out the seizure and all persons presentat the place;

(c) the circumstances in which the seizure tookplace;

(d) a description of the vehicle, vessel, place orperson searched and the location where thesubstance was found;

(e) a description of the substance found;

(f) a description of packaging, seals, and otheridentifying features;

(g) a description of quantity, volume and unitsand the measurement method employed;

(h) all subsequent movements of the seizedsubstance; and

(i) any other prescribed matter.

(3) The authorized person in charge of an investigationfollowing a seizure shall ensure that all items of evidentiary value arestored in appropriate conditions for the prevention of loss, theft orany other form of misappropriation, as well as accidental or accelerateddeterioration.

45. The Minister may designate any appropriately qualifiedand experienced person or member of a class of persons in SierraLeone or elsewhere as an analyst for the purposes of this Act.

46. (1) As soon as possible but not later than seven workingdays after counting and weighing any significant quantity of seizedsubstances, samples shall be taken in duplicate for scientific analysis.

(2) Any samples taken under subsection (1) shall besigned or otherwise marked for identification by the person in chargeof the seizure and any other person present when it is taken.

47. (1) If scientific analysis of a sample indicates that theseized substance is a drug, analogue, or controlled chemical, theperson in charge of the seizure shall forthwith forward a copy of anyscientific analysis report to the Director of Public Prosecutions andthe Executive Director.

(2) Where following receipt of the report referred to insubsection (1) and after due consultation with the Minister, the Directorof Public Prosecutions is of the opinion–

(a) that proceedings are likely to be broughtagainst any person whether or not theidentity of that person is known;

(b) that physical preservation of all the seizedsubstances is not necessary for the purposesof any actual or contemplated proceedingsunder this Act;

40 41

Collectionand pro-cessing ofevidence atseizures.

Designationof analysts.

Sampling andanalysis ofbulk seizures.

Early disposalof seizeddrugs, etc.


(c) that the substances may properly andlawfully be used, in Sierra Leone for medicalor scientific purposes, or in small amountsfor the training of personnel responsible forcarrying out functions under this Act; or

(d) that the substances cannot be safely, securelyor conveniently stored until the finaldetermination of proceedings,

the Director of Public Prosecutions shall apply to the court for anorder directing the disposal of a part of the seized substances orsamples as he certifies are not necessary to retain for the purposes ofthe due administration of justice.

(3) Where the Director of Public Prosecutions has made anapplication for a disposal order under subsection (2) in relation to aseizure, and the court is satisfied that–

(a) the seized substances are illegal propertyliable to forfeiture under this Act;

(b) the provisions of this section relating to thetaking and analysis of samples have beencomplied with;

(c) sufficient samples have been taken, analyzedand preserved to enable all materialquestions relating to the seized substancesto be properly determined in any actual orcontemplated proceedings under this Act;and

(d) any suspect or accused person in relation tothe seizure has had reasonable opportunityto have samples independently analyzed atthat person’s expense,

the court shall order and supervise the public disposal of the seizedsubstances or samples as the court certifies need not be retained, forthe purpose of the due administration of justice.

(4) Where, in relation to any seized drug, analogue or controlledchemical, and after reasonable investigative efforts, the Director ofPublic Prosecutions is–

(a) of the opinion that proceedings are not likelyto be brought against any person for thereason only that no suspect has beenidentified or located; and

(b) satisfied that sufficient samples have beentaken, analyzed and preserved to enable allmaterial questions relating to the seizedsubstances to be properly determined shouldany suspect be ultimately identified andproceedings be brought,

the Director of Public Prosecutions may order the disposal of suchpart of the seized substances or samples as he certifies are notnecessary to retain for the due administration of justice.

(5) Substances subject to an order under subsection (3)or (4) shall be disposed of only–

(a) by delivery to the Minister, for useexclusively in meeting the lawful medical,scientific or training needs of Sierra Leone;or

(b) by incineration, or such other safe means ofdestruction as the Minister may direct butthe disposal shall be done in the presence ofat least three witnesses, consisting of theRegistrar of the Pharmacy Board or hisrepresentative, an officer of the Agency anda police officer not below the rank ofAssistant Inspector-General of Police.

42 43


(6) Subject to this section, in any prosecution for anoffence under this Act, a certificate or report–

(a) purporting to be signed by the person incharge of carrying out a disposal order madeunder subsection (3) or (4) and two witnessesto the disposal; and

(b) stating that the substance, the subject of theorder, has been disposed of in accordancewith the order,

shall be admissible in evidence.

(7) In the absence of evidence to the contrary, a certificateor report admissible under subsection (6) is proof of the statementscontained in it, without proof of the signature, expertise or officialdesignation of the person appearing to have signed it.

48. (1) The powers conferred on authorised persons insections 49, 50and 51 shall be exercisable in relation to any shipdescribed in paragraph (c) of subsection (3) of section 50 for thepurposes of detecting and taking appropriate action in respect ofoffences under Part III.

(2) The powers referred to in subsection (1) shall not beexercised outside the seaward limits of the territorial sea of SierraLeone except with the authority of the Minister of Defence who shallnot give such authority unless he is satisfied that–

(a) in the case of a ship of a Convention State,that the State–

(i) requested assistance of Sierra Leone forthe purposes of detecting possibleserious criminal offences and takingappropriate action; or

(ii) authorised Sierra Leone to act for thatpurpose: or

(b) in the case of a ship of no nationality or aship that is assimilated under the internationallaw of the sea to a ship of no nationality, it isappropriate to do so.

(3) The Minister of Defence shall impose such conditionsor limitations on the exercise of the powers–

(a) in a case to which paragraph (a) of subsection(2) applies, as may be necessary to give effectto any conditions or limitations imposed bythat State; and

(b) in any other case, as may be appropriate.

(4) The Minister of Defence may, either on his owninitiative or in response to a request from a Convention State,authorise a Convention State to exercise, in relation to a Sierra Leoneship, powers corresponding to those conferred on authorized personsunder sections 49, 50 and 51 but subject to such conditions orlimitations, if any, as he may think fit.

(5) Subsection (4) is without prejudice to any agreementmade, or which may be made, on behalf of Sierra Leone wherebySierra Leone undertakes not to object to the exercise by any otherState in relation to a Sierra Leone ship, of powers corresponding tothose conferred on authorised persons under sections 49, 50 and 51.

(6) The powers conferred on authorised persons undersections 49, 50 and 51 shall not be exercised in the territorial sea ofany State other than Sierra Leone without the authority of the Ministerof Defence, who shall not give such authority unless that State hasconsented to the exercise of those powers.

44 45

Specialenforcementpowers.


(7) A certificate purporting to be issued by or on behalfof the government of any State to the effect that the importation orexportation of a drug is prohibited by the law of that State shall beevidence, and in Sierra Leone conclusive evidence, of the mattersstated in the certificate.

49. (1) For the purpose of this Part, an authorised personmay stop a ship, board it and, if he thinks it necessary for the exerciseof his functions, require it to be taken to a port in Sierra Leone anddetain it there.

(2) Where an authorised person is exercising his powerswith the authority of the Minister of Defence pursuant to this sectionand sections 48, 50 and 51, he may require the ship to be taken to aport in the convention State in question or, if that State has sorequested, in any other State willing to receive it.

(3) The authorised person may require the master or anymember of the crew to take such action as may be necessary, for thepurposes mentioned in subsection (2).

(4) If an authorised person detains a vessel, he shall serveon the master a notice in writing stating that it is to be detained untilthe notice is withdrawn by the service on the master of a furthernotice in writing signed by that person.

(5) Notwithstanding any enactment to the contrary,where an authorised person has seized any ship in the exercise of hispowers under this Part, the ship may be brought into Sierra Leoneand dealt with in accordance with this Act or any other enactment.

50. (1) An authorised person may search a ship referred to insection 49, anyone on it, and anything on it, including its cargo.

(2) An authorised person may require any person on theship to give information concerning himself or anything on the ship.

(3) Without prejudice to the generality of subsections(1) and (2), an authorised person may–

(a) open any container;

(b) make tests and take samples of anything onthe ship;

(c) require the production of documents, booksor records relating to the ship or anything onit;

(d) take photographs or copies of anythingwhose production he has power to require.

51. If an authorised person has reasonable grounds to suspectthat a serious offence has been committed on the ship, he may–

(a) arrest without warrant anyone whom he hasreasonable grounds to suspect hascommitted the offence; and

(b) seize and detain anything found in the shipwhich appears to him to be evidence of thecommission of the offence.

52. (1) An authorised person may take with him aboard aship to assist in the exercise of powers conferred under this Part, anyother person and such equipment or materials as he thinks fit.

(2) A person whom an authorised person takes to assist,may perform any of that person’s functions, but only under thesupervision of the authorised person.

53. An authorised person shall, if so required by any otherperson in relation to whom he wishes to exercise any power or carryout any function under this Act, produce evidence of his authority.

46 47

Power tostop, board,divert anddetain ship.

Power tosearch andobtaininformation.

Powers inrespect ofsuspectedoffence.

Assistance inthe exerciseof functions.

Evidence ofauthority.


54. If in the prosecution of a person for an offence under thisAct, it is proved that a drug or analogue was found-

(a) within the immediate vicinity of the accused;or

(b) on any animal, vehicle, vessel, or aircraft, andthat the accused was at the time on or incharge of, or that he accompanied, the animal,vehicle, vessel, or aircraft,

it shall be presumed, until the contrary is proved, that the accusedwas found in possession of the drug or analogue.

55. For the purposes of this Act, a person shall be deemed tohave engaged in conduct whether by act or omission, for a particularpurpose, if the person engaged in the conduct for purposes thatincluded that purpose, and that purpose was a substantial purpose.

56. For the purposes of this Act, it shall be competent for anyauthorised person who is carrying out or has recently carried out,duties relating to the investigation of offences under Part III, to giveevidence in any proceedings under this Act as to the street or marketvalue in Sierra Leone of any drug, analogue or controlled chemical,and as to the demand for, availability of and other circumstancespertaining to its sale, supply or distribution, and the court may givesuch probative weight to that evidence, as it thinks fit.

57. If in any prosecution for an offence under this Act it isproved that a sample which was taken from any substance possessesparticular properties, it shall be presumed, until the contrary is proven,that the substance possesses the same properties.

58. (1) In any proceedings under this Act, continuity ofpossession of any exhibit tendered as evidence may be proved bytestimony given under oath or by a statutory declaration of theperson claiming to have had it in his possession.

(2) Where a statutory declaration of a person is offeredas proof of continuity of possession under subsection (1), the courtmay require the person to appear before it for examination or cross-examination in respect of the issue of continuity of possession.

59. A copy of any record of a ministry, department, agency,local council or other body established by or pursuant to anenactment, or of any statement containing information from the recordskept by the ministry, department, agency, local council or otherbody, purporting to be certified by an official having custody of thatdocument or those records, is admissible in evidence in anyprosecution for an offence under this Act, and in the absence ofevidence to the contrary, is proof of the facts contained in thedocument, without proof of the signature or official designation ofthe person purporting to have certified it.

60. (1) Subject to this section, in any prosecution for anoffence under this Act, a certificate or report purporting to be signedby an analyst and stating that an article, sample or substance hasbeen submitted to, examined and analyzed by the analyst andstating the results of the analysis or examination, is admissible inevidence.

(2) In the absence of evidence to the contrary, a certificateor report admissible under subsection (1) is proof of the statementscontained in it, without proof of the signature, expertise or officialdesignation of the person appearing to have signed it.

(3) Without limiting the generality of subsection (1), thecertificate or report may include a statement in relation to a drug,analogue or controlled chemical, as to–

(a) when and from whom it was received;

(b) what, if any identifying labels or other thingsaccompanied it;

(c) what container it was in;

48 49

Factualpresumptionsrelating topossession ofdrugs andanalogues.

Factualpresumptionof purpose.

Proof ofstreet ormarket valueof drug etc.

Factualpresumptionrelating tosamples.

Proof ofcontinuity ofpossessionof exhibits.

Admissi-bility ofofficialrecords.

Proof ofcertificate orreport ofscientificanalysis.


(d) its description and weight;

(e) if it, or any portion of it, was analyzed–

(i) the name of the method of analysis;

(ii) the results of the analysis, including itsidentity, drug or chemical content; and

(f) how it was dealt with after handling by theanalyst, including details of –

(i) the quantity retained;

(ii) the name of the person, if any, to whomany retained quantity was given; and

(iii) measures taken to secure any retainedquantity.

(4) The party against whom a certificate or report isproduced under subsection (1) may, with leave of the court, requirethe attendance of the analyst for the purpose of cross-examination.

(5) Unless the court otherwise orders, no certificate orreport shall be received in evidence under subsection (1), unless theparty intending to produce it has, before the trial, given to the partyagainst whom it is intended to be produced, reasonable notice of thatintention, together with a copy of that certificate or report.

61. A certificate by the Attorney-General stating that–

(a) an International Drug Control Conventionentered into force for Sierra Leone on aspecified date; and

(b) as at the date of the certificate, the conventionremains in force in Sierra Leone,

is for the purpose of any proceedings under this Act, conclusiveevidence of those facts.

62. A certificate purporting to be issued by or on behalf of aforeign State to the effect that the import or export of a drug, controlledchemical, controlled equipment or controlled material is prohibitedby the law of that State shall for the purpose of any proceedingsunder this Act, be prima facie evidence of the matters stated in thatcertificate.

63. Any person who–

(a) unlawfully interferes with, uses, takes ordisposes of any substance seized under thisAct or any sample thereof; or

(b) unlawfully interferes with or falsifies theresults of any analysis with the intention ofinterfering with the proper course of justice,

commits an offence and is be liable on conviction, in the case of anindividual to a fine not less than ten million leones or to a term ofimprisonment not less than five years or to both the fine andimprisonment and in the case of a body corporate to a fine not lessthan one hundred million leones.

64. (1) Except for the purposes of the due administration andenforcement of this Act, no person shall, without lawful authority orreasonable excuse–

(a) disclose to another person who is the subjectof an investigation in respect of an offencealleged or suspected to have been committedby that person under this Act, the fact thathe is subject to such an investigation or anydetails of the investigation; or

50 51

Proof thatSierra Leoneis party to aDrug ControlConvention.

Proof ofprohibitedimport orexport ofdrug, etc.underforeign law.

Offence ofinterferingetc. withevidence.

Tipping-off.


(b) disclose to any other person either theidentity of any person who is the subject ofsuch an investigation or any details of suchan investigation.

(2) A person who contravenes subsection (1) commitsan offence and is liable on conviction to a fine not less than twentymillion leones or to a term of imprisonment not less than five years orto both the fine and imprisonment.

65. A person who–

(a) intentionally obstructs an authorised personin the performance of his functions;

(b) refuses or fails without reasonable excuse tocomply with the requirement made by anauthorized person in the performance of hisfunctions; or

(c) in purporting to give information required byan authorised person for the performance ofhis functions–

(i) makes a statement he knows to be falsein a material particular, or recklesslymakes a statement which is false in amaterial particular; or

(ii) intentionally refuses or fails to discloseany material information,

commits an offence and is liable on conviction in the case of a anindividual, to a fine not less than ten million leones or imprisonmentfor a term not less than five years or to both the fine and imprisonment,and in the case of a body corporate, to a fine not less than onehundred million leones.

66. No suit, prosecution or other legal proceedings shall lieagainst the Government, the Agency, an authorised person or anyother person in respect of anything done by or on behalf of theGovernment, Agency or person, with due diligence and in good,faith, in the exercise of any power or the performance of any functionunder this Act.

67. (1) An inspector or authorised person who maliciously–

(a) enters or searches or causes to be entered orsearched any place, person or clothing of thatperson, or property under the control of aperson;

(b) seizes the property of a person on the pretextof seizing or searching for any drug, analogue,controlled chemical or item of controlledequipment or material or other property liableto be forfeited under this Act, or of seizingany record, article or other thing liable toseized under this Act; or

(c) detains, searches or arrests any person,

commits an offence and is liable on conviction to a fine not less thanten million leones or to a term of imprisonment not less five years orto both the fine and imprisonment.

(2) A person who maliciously gives false informationleading to the arrest of another person or a search being made pursuantto this Act commits an offence and is liable on conviction to a finenot less than ten million leones or to a term of imprisonment not lessthan five years or to both the fine and imprisonment.

68. (1) Subject to subsection (3), a witness in anyproceedings under this Act shall not be obliged–

52 53

Obstructionof authorisedpersons,etc.

Protection ofauthorisedpersons etc.

Abuse ofauthority.

Protection ofinformers.


(a) to disclose the name or address of anyinformer who has given information withrespect to an offence under this Act, or ofany person who has assisted in detecting,investigating or otherwise assisting withrespect to the due administration orenforcement of this Act; or

(b) to answer any question if the answer to itwould lead, or would tend to lead, to thedisclosure or discovery of the name, addressor identity of such informer or person, if theinformer or person is not a witness in theproceedings.

(2) If any record which is in evidence or liable to inspectionin any proceedings contains an entry in which the informer or otherperson is named or described or which might lead to the disclosure ordiscovery of the identity of the informer or the person, the court shallcause all the entries to be concealed from view or to be obliterated sofar as may be necessary to protect the identity of the informer or theperson.

(3) If in any proceedings under this Act the court, afteran enquiry into the case, is satisfied that an informer willfully made amaterial statement which he knew to be false or did not believe to betrue, or if in any other proceedings the court is of the opinion thatjustice cannot be fully done between the parties to the proceedingswithout disclosure of the name of the informer or other person whohas assisted in any investigation or the proceedings under this Act,the court may permit enquiry and require full disclosure concerningthe informer or person.

69. (1) A person who has acquired knowledge in his capacityas analyst, inspector, authorised person or any other person exercisingpowers or performing functions under this Act shall not make a recordof or divulge or communicate to any other person, any informationacquired by him whether directly or indirectly in the course of aninvestigation under this Act except–

(a) if required to do so under this Act or anyother enactment;

(b) when lawfully required to make the disclosureby any court within Sierra Leone;

(c) for the purposes of any investigation,prosecution or other proceedings in SierraLeone or elsewhere; or

(d) for the due administration and enforcementof this Act.

(2) Any person who contravenes subsection (1) commitsan offence and is liable on conviction to a fine not less than fivemillion leones or to a term of imprisonment not exceeding two yearsor to both the fine and imprisonment.

PART VI–MUTUAL ASSISTANCE IN INVESTIGATIONSAND PROCEEDINGS RELATING TO DRUGS

70. (1) For the purposes of this Act, all requests to foreignStates for legal assistance in investigations and proceedingsunder this Act, shall be made only by or with the authority of theAttorney-General.

(2) A request by a foreign State for assistance ininvestigations and proceedings instituted in that State on any drug-related matter shall be made to the Attorney-General.

(3) Subject to section 71 the Attorney-General may, inrespect of any request from a foreign State–

(a) grant the request wholly or partly, on suchterms and conditions as he thinks fit;

(b) refuse the request wholly or partly, on theground that to grant the request would belikely to prejudice the sovereignty, securityor other essential public interest of SierraLeone; or

54 55

Duty tomaintainsecrecy.

Authority tomake requestsfor legalassistance.


(c) postpone the request, wholly or partly onthe ground that to grant the requestimmediately would be likely to prejudice theconduct of an investigation or proceeding inSierra Leone.

71. The Attorney-General shall not comply with a request ifthe action sought by the request is contrary to the Constitution ofSierra Leone.

72. (1) The Attorney-General may request a foreign State to–

(a) obtain information, documents or otherarticles for the purpose of an investigationor proceeding under this Act;

(b) obtain evidence or documents or otherarticles produced in evidence in the foreignState;

(c) obtain and execute search warrants or otherlawful instruments authorising a search forthings believed to be located in that foreignState, which may be relevant to investi-gations or proceedings in Sierra Leone, andif found, seize them;

(d) locate or restrain any property believed to bethe proceeds of serious crime and located inthe foreign State;

(e) confiscate or forfeit any property believed tobe located in the foreign State, which is thesubject of a confiscation order or forfeitureorder made under this Act;

(f) transmit to Sierra Leone any confiscated orforfeited property or any proceeds realizedfrom the property or any relevant evidence,documents, articles or things;

(g) transfer to Sierra Leone, a person in theforeign State who consents to assist SierraLeone in the relevant investigation orproceedings;

(h) transfer in custody to Sierra Leone, a persondetained in the foreign State who consentsto assist Sierra Leone in the relevantinvestigation or proceedings;

(i) provide any other form of assistance in anyinvestigation commenced or proceedinginstituted in Sierra Leone that involves or islikely to involve the exercise of a coercivepower over a person or property believed tobe in the foreign State;

(j) permit the presence of nominated personsduring the execution of any request madeunder this Act;

(k) provide such other form of assistance in anyinvestigation or proceeding pursuant to thisAct, as he may think fit.

(2) Subsection (1) shall apply mutatis mutandis torequests from foreign States subject to such modification andadaptation as may be necessary to give full effect to the request.

73. (1) A request for assistance from a foreign State, shall–

(a) indicate the name of the authority conductingthe investigation or proceeding to which therequest relates;

(b) give a description of the nature of theproceeding and a statement setting out asummary of the relevant facts and laws;

56 57

Limitation oncompliancewith requests.

Nature ofrequests.

Contents of requests fromforeign States.


(c) give a description of the purpose of therequest and of the nature of the assistancebeing sought;

(d) in the case of a request to restrain orconfiscate property believed on reasonablegrounds to be located in the requested State,give details of the offence in question,particulars of any investigation or proceedingcommenced in respect of the offence, and beaccompanied by a copy of any relevantrestraining, confiscation or forfeiture order;

(e) include a statement setting out any wishesof the requesting State concerning anyconfidentiality relating to the request and thereasons for those wishes;

(f) give details of the period within which therequesting State wishes the request to becomplied with;

(g) where applicable, give details of the propertyto be traced, restrained, seized, confiscatedor forfeited and of the grounds for believingthat the property is located in Sierra Leone;

(2) A request for mutual assistance from a foreign Statemay be granted, if necessary after consultation, notwithstanding thatthe request, as originally made, does not comply with subsection (1).

(3) A request shall be in writing including facsimiletransmitted writing, dated and signed by or on behalf of the personmaking the request.

74. The Attorney-General may in respect of any proceedingsunderthis Act, apply to the court for an order directed to any personresident in a foreign State to deliver himself or any document ormaterial in his possession or under his control to the jurisdiction ofthe court or, subject to the approval of the foreign State, to thejurisdiction of the court of the foreign State for the purpose of givingevidence in such proceedings.

75. Evidence taken pursuant to a request in any proceedingsin a court of a foreign State shall be received as prima facie evidencein any proceedings to which such evidence relates.

76. (1) The effect of a request under paragraph (g) ofsubsection (1) of section 72 shall be to authorise the entry into anddeparture from Sierra Leone of the person who is the subject of therequest, as well as the presence of the person in Sierra Leone for aslong as is necessary for the purposes of the request.

(2) Where the person who is the subject of a requestunder paragraph (h) of subsection (1) of section 72 is in custody inthe foreign State by virtue of a sentence or order of a court exercisingcriminal jurisdiction, the effect of the request shall be to authorise thedetention in custody of the person-

(a) while in transit to and from Sierra Leone; and

(b) while in Sierra Leone,

at such place or places as the Attorney-General may specify.

(3) A person who is in Sierra Leone pursuant to a requestunder subsection (1) of section 72 shall not-

(a) be detained, prosecuted or punished for anyoffence that is alleged to have beencommitted, or was committed, prior to thatperson’s departure from the foreign State,pursuant to the request;

(b) be subject to any civil suit in respect of anyact that occurred or is alleged to haveoccurred, prior to that person’s departurefrom the foreign State;

(c) be required to give assistance in anyinvestigation or give evidence or produce anydocument or thing in any proceedings inSierra Leone other than the investigation orproceedings to which the request relates;

58 59

Order forperson inforeign Stateto deliverhimself.

Evidenceobtainedabroad.

Consensualtransfer ofpersons inforeign State.


(d) be required to give evidence or produce anydocument or thing in any proceedings inSierra Leone other than the investigation orproceedings to which the request relates.

(4) Subsection (3) shall cease to apply when the personleaves Sierra Leone or has had the opportunity to leave, but remainsin Sierra Leone for more than ten days after the Attorney-General hasnotified the person in writing, that he is no longer required for thepurposes of the request.

77. (1) Subject to section 71, the Attorney-General or anyperson authorized by him in that behalf, may, upon application to thecourt and upon production to the court, as the case may, be of arequest accompanied by an order issued by a court, of a foreign Stateto obtain evidence, accompanied by an order issued by a court of theforeign State directed to any person within the jurisdiction of thecourt to deliver himself or any document or material in his possessionor under his control to the jurisdiction of the court of the foreignState, for the purpose of giving evidence in specified proceedingsrelating to an offence under a corresponding law of that State, obtainan order directed to that person in the same terms as in the orderaccompanying the request.

(2) Upon being served with an order issued in accordancewith subsection (1), the person served shall, for the purpose of theorder either–

(a) deliver himself to the jurisdiction of the court;or

(b) deliver himself to the jurisdiction of the courtof the foreign State,

in accordance with the directions in the order.

(3) If a person served with an order issued in accordancewith subsection (1) elects to deliver himself to the jurisdiction of thecourt of the foreign State and fails to comply with any direction inthe order, he shall be deemed immediately to have delivered himselfto the jurisdiction of the court as provided in paragraph (a) ofsubsection (2).

(4) The Court shall conduct such proceedings as arenecessary to take the evidence of any person delivering himself toits jurisdiction pursuant to paragraph (a) of subsection (2) and theevidence shall subsequently be transmitted by the Attorney-General,to the foreign State.

78. (1) Notwithstanding the provisions of any enactment tothe contrary, where the Attorney-General grants a request by a foreignState to obtain or execute a search warrant for the purpose of aninvestigation or proceedings in relation to an offence under acorresponding law of that State, the Attorney-General shall apply tothe court for the assistance requested.

(2) Where on an application the court is satisfied that–

(a) a proceeding or investigation relating to adrug-related offence has commenced in theforeign State; and

(b) there are reasonable grounds for believingthat anything relevant to the investigation orproceeding, is located in Sierra Leone,

the court may issue a warrant to enter any premises belonging to or inthe possession or under the control of any person named in thewarrant, search the premises and remove any document, material orother thing for the purpose of executing the request as directed in thewarrant.

79. (1) Where the Attorney-General approves a request of aforeign State to have a person who is detained in custody in SierraLeone by virtue of a sentence or order of a court exercising itscriminal jurisdiction, transferred to a foreign State to give evidence orassist in an investigation or proceeding in that State relating to anoffence under a corresponding law of that State, the Attorney-Generalor a person authorized by him in that behalf shall apply to thecourt for a transfer order.

60 61

Requests toSierra Leonefor evidenceetc.

Requests toSierra Leonefor searchwarrants.

Consensualtransfer ofpersons inSierra Leone.


(2) The Court to which an application is made undersubsection (1) may issue a transfer order where it is satisfied, havingconsidered any documents filed or information given in support ofthe application, that the detained person consents to the transfer.

(3) A transfer order shall–

(a) set out the name of the detained person andhis current place of confinement;

(b) order the person who has custody of thedetained person to deliver him into thecustody of a person who is designated in theorder or who is a member of the class ofpersons so designated;

(c) order the person receiving him into custodyto take him to the foreign State and, on returnof the detained person to Sierra Leone, toreturn that person to a place of confinementin Sierra Leone specified in the order or tosuch other place of confinement as theAttorney-General may subsequently notifyto the foreign State;

(d) state the reasons for the transfer; and

(e) fix the period of time at or before the expirationof which the detained person must bereturned, unless varied for the purposes ofthe request by the Attorney-General.

(4) The time spent in custody by a person pursuant to atransfer order shall count toward any sentence required to be servedby that person, so long as the person remains in such custody and isof good behaviour.

80. The Attorney-General or any person authorised by him inthat behalf, may, upon application to the court and upon productionto the court of a request from a foreign State to locate or restrain anyproperty believed to be located in Sierra Leone or to be the proceedsof any drug-related offence, obtain an order that –

(a) any document relevant to –

(i) identifying, locating or quantifying anyproperty; or

(ii) identifying or locating any documentnecessary for the transfer of anyproperty,

belonging to or in the possession or under the control of any personnamed in the request be delivered to the Attorney-General;

(b) a financial institution produces forthwith tothe Attorney-General or any personauthorised by him in that behalf, allinformation obtained by the institution aboutany business transaction conducted with theinstitution by or for a person named in therequest during such period as the courtdirects.

81. (1) Subject to section 71, the Attorney-General or anyperson authorised by him in that behalf may, on application to thecourt and on production to the court of a request from a foreign Statefor freezing or forfeiture of property believed to be the property of orin the possession or under the control of a person named in therequest, obtain an order–

(a) freezing the property of or in the possessionor under the control of the person named inthe request for such period as is indicated inthe order;

(b) giving directions in respect of that propertyfor the purpose of –

(i) determining any dispute as toownership of or other interest in theproperty or any part thereof;

(ii) its proper administration during theperiod of freezing;

62 63

Propertytracking, etc. forforeign State.

Request forfreezing orforfeiture ofproperty.


(iii) the payment of debts, incurred in goodfaith, due to creditors prior to therequest;

(iv) the payment of moneys to that personfor the reasonable subsistence of thatperson and his family; and

(v) the payment of costs and other expensesto defend any criminal proceedingsreferred to in the request; and

(c) forfeiting the property of or in the possessionor under the control of any person named inthe request.

(2) A request for forfeiture shall have attached to it acopy of the final forfeiture order by the court and a statement signedby a judge of that court to the effect that no further appeal againstsuch order can be made.

82. A request shall not be invalidated for the purpose of anyproceedings by virtue of any failure to comply with section 73, if theAttorney-General is satisfied that there is sufficient information toenable an effective execution of the request.

83. It is an offence–

(a) for any person to falsify, conceal, destroy orotherwise dispose of or cause or permit thefalsification, concealment, destruction ordisposal of any document or material whichhe knows or has reasonable grounds forbelieving that it is or is likely to be relevant tothe execution of any order made inaccordance with this Part;

(b) for any person who knows or has reasonablegrounds for believing that an investigationfor an offence under this Act has been, isbeing or is about to be made, or that an order

has been made or may be made requiring thedelivery or production of any documentunder this Part, to divulge that fact or otherinformation to another person whereby theinvestigation is likely to be prejudiced.

84. Where the Attorney-General considers it appropriate, eitherin accordance with an international arrangement or in the interests ofcomity, he may order that the whole or any part of any propertyforfeited under this Part, or the value thereof, be given or remitted tothe foreign State.

PART VII–FUND FOR PREVENTION AND CONTROL OFDRUG ABUSE

85. (1) There is hereby established a fund to be known asthe Sierra Leone Fund for the Prevention and Control of Drug Abuse.

(2) The Fund shall consist of–(a) all moneys appropriated by Parliament for the

purposes of the Fund;(b) all moneys payable to the Agency under a

mutual assistance agreement;(c) all voluntary payments, grants or gifts made

by any person or body for the purposes ofthe Fund; and

(d) any income derived from the investment ofany amount credited to the Fund.

(3) The Fund shall be applied to meet the expensesincurred in carrying out and furthering the purposes of this Act, andin particular, in–

(a) preventing drug abuse and drug trafficking;(b) detecting, investigating and prosecuting

offences under this Act;(c) giving or receiving legal assistance under

mutual assistance agreements;(d) contributing to the activities of inter-govern-

mental bodies specializing in the fight againstillicit traffic in and abuse of drugs; and

64 65

Requests notto be in-validated.

Interferingwith mutualassistanceorders.

Sharing ofproceeds.

Fund forpreventionand control ofdrug abuse.


(e) assisting the victims of drug abuse.

86. (1) The Fund shall be administered by the Agency inaccordance with any enactment regulating the administration of publicmonies.

PART VIII–MISCELLANEOUS

87. The Executive Director may either generally or specificallydelegate to any officer of the Agency, a ministry, department, localcouncil, or other body established by or pursuant to an enactment allor any of his powers under this Act, except–

(a) the power of delegation; and

(b) the power to authorise the boarding of shipsunder Part V.

88. (1) Subject to subsection (2), where an offence underthis Act is committed by a body of persons–

(a) if the body of persons is a body corporate,every director or officer of that bodycorporate shall be deemed to have committedthat offence;

(b) if the body of persons is a firm, every partnerof that firm shall be deemed to havecommitted that offence.

(2) A person shall not be deemed to have committed anoffence by virtue of subsection (1) if he proves that the offence wascommitted without his knowledge or connivance and that he exercisedall due care and diligence to prevent the commission of that offence.

89. Any person convicted of an offence under this Act forwhich no penalty is specifically provided shall be liable in respect ofsuch offence, to a fine not less than ten million leones or to a term ofimprisonment not less than five years or to both the fine andimprisonment.

90. The Minister may, by statutory instrument, make an orderto amend any of the Schedules.

91. The Minister may, by statutory instrument, make regulationsfor carrying out the provisions of this Act.

92. (1) The Dangerous Drugs Act is repealed.

(2) Notwithstanding the repeal effected bysubsection (1)–

(a) any rules, orders, regulations, notices or otherinstruments issued under the repealedenactment and in force immediately at thecommencement of this Act, shall continue inforce until their expiration or until their expressrevocation or replacement;

(b) all legal proceedings and claims whichimmediately before the commencement of thisAct were pending under the repealedenactment shall be continued or enforced byor against any person in the same manner asthey would have been continued or enforcedif this Act had not been enacted.

93. This Act shall be in addition to and not in derogation of thePharmacy and Drugs Act, 2001 but where there is any inconsistencyor conflict between this Act and the Pharmacy and Drugs Act, 2001or any other enactment, this Act shall to the extent of theinconsistency or conflict prevail.

66 67

Administrationof Fund.

Power todelegate.

Offences bybody ofpersons.

Generalpenalty.

Power toamendSchedules.

Regulations.

Repeal andsavings.

Cap 154

Act No. 12 of2001.

Act toprevail.


FIRST SCHEDULEProhibited Drugs

Acetorphine Acetyl-alpha-methyl- methyl-3-fentanylDesomorphine fentanyl methyl-3-thio-Etorphine Alphacetylinethadol fentanylHeroin Alpha-methylfentanyl MPPPKetobemidone Beta-hydroxyfentanyl Para-fluorofentanylBrolamphetamine Beta-hydroxy-methyl-3- PEPAPCathinone fentanyl ThiofentanylDET Etryptamine ParahexylDMA (+)-Lysergide PMADMHP MDA Psilocine, psilotsinDMT Mescaline PsilocybineDOET Methcathinono RolicyclidineEticyelidine methyl-4-aminorex STP,DOMAcetylmethadol MMDA TenamphetamineAlfentanil MDMA TenocyclidineAllylprodine N-ethylMDA TerrahydrocannabinolAlphamaprodine N-hydroxyMDA TMAAlphamethadol Ethylmethyl- NormorphineAlphamethylthio- Thiambutene NorpipanoneFentanyl Etonitazene OpiumAlphaprodine Etoxeridine OxycodoneAnileridine Fentanyl OxymorphoneBenzethidine Furethidine PethidineBenzylmorphine Hydrocodone PethidineBetacetylmethadol Hydromorphinol intermediate A

Betameprodine Hydromorphone (4-cyano-l-methyl-Betamethadol Hydroxypethidine 4-pheny-piperidine)Betaprodine Isomethadone PethidineBezitramide Levomethorphan Intermediate BClonitazene Levomoramide (4-phenylpiperidine-4-Coca (leaf) Levophenacylmorphan carboxylic acidCocaine Levorphanol ethyl ester)Codoxime Metazocine PethidineConcentrate of poppy Methadone intermediate CStraw Methadone intermediate (1-methyl-4-Dextromoramide (4-cyano-2-dimethyl- phenylpiperidine-Diampromide amini-4,4-diphenyl 4-cerboxylic acid)

butane) PhenedoxoneDiethylthiambutene Methyldesorphine PhenampromideDifenoxin Methyldihydromorphine phenzocineDihydromorphine Metopon PhenomorphanDimenoxadol Moramide PhenoperidineDimepheptanol Morpheridine PiminodineDimethylthiambutene Morphine PiritramideDioxaphetyl butyrate Morphine methobromide ProheptazineDiphenoxylate and other pentavalent ProperidineDipipanone nitrogen morphine RacemethorphanDrotebanol derivatives RacemoramideEcgonine Morphine-N-oxide RacemorphanIts esters and Myrophine SufentanilDerivatives Nicomorphine Thebacon

Noracymethadol ThebaineNorlevorphanol TilidineNormethadone Trimeperidine

68 69


SECOND SCHEDULEHigh-risk Drugs

Acetyldihydrocodine Ethylmorphine PholcodineDextropropoxyphene Nicodicodine PropiramNorcodeine Nicocodine DihydrochdeinePhenmetrazine Amphetamine Methamphetamineracemate Dexamphetamine MethamphetamineSeconarbital Fenetylline MethaqualoneMethylphenidate Zipeprol Levamphetamine

Mecloqualone Phencyclidine

THIRD SCHEDULERisk Drugs

Amobarbital Cathine PentazocineBuprenorphine Cyclobarbital PentobarbitalButalbital Glutehimide Flunitrazepam

FOURTH SCHEDULEToxic Chemical Inhalants

Allobarbital Ethinamate MethylprylonAlprazolam Ethyl loflazepate MidazolamAminorex Etilamphetamine NimetazepamAmphepramone Fencamfamin NitrazepamBarbital enproporex NordazepamBenxphetamine Fludiazepam OxazepamBromazepam Flurazepam Oxazolam

70 71

Brotizolam Halazepam PemolineButobarbital Haloxazolam PhendimetrazineCamazepam Ketazolam PhenobarbitalCannabis KumbejaraCannabis resinChlordiazepoxide Lefetamine PhentermineClobazam Loprazolam PinazepamClonazepam Lorazepam PipradrolClorazepate Lormetazepam PrazepamClotiazepam Mazindol PyrovaleroneCloxazolam Medazepam SecbutabarbitalDelorazepam Mefenorex TemazepamDiazepam Meprobamate TetrazepamEsrazolam Mesocarb TriazolamEthchlorvynol Methylpheno-barbital Vinylbital


PRINTED AND PUBLISHED BY THE GOVERNMENT PRINTING DEPARTMENT, SIERRA LEONE.GAZETTE NO. 38 OF 7TH AUGUST, 2008.

Passed in Parliament this 31st day of July, in the year of our Lord twothousand and eight.

VICTOR A. KAMARA,Clerk of Parliament.

THIS PRINTED IMPRESSION has been carefully compared by me with the Billwhich has passed Parliament and found by me to be a true and correct printed copyof the said Bill.

VICTOR A. KAMARA,Clerk of Parliament.

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THE NATIONAL DRUGS CONTROL ACT, 2008 - Sierra … · the national drugs control act, 2008...

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