Criminal Justice Reform in Sub-Saharan Africa : Best Practice from Selected Jurisdictions.

Format:

Book

Author/Creator:

Adekunle, Adedeji.

Series:

Routledge Studies on Law in Africa Series

Language:

English

Physical Description:

1 online resource (319 pages)

Edition:

1st ed.

Place of Publication:

Oxford : Taylor & Francis Group, 2026.

Summary:

This book considers the challenges faced within criminal justice systems across a range of African jurisdictions, highlighting instances of best practice. It will be useful for legal and criminal justice researchers, as well as legal practitioners and policy makers working on criminal justice reform in sub-Saharan Africa.

Contents:

Cover

Half Title

Series Page

Title Page

Copyright Page

Dedication

Table of Contents

Preface

Acknowledgements

List of Abbreviations

Notes on Contributors

The Editors

The Contributors

Introduction: Re-Shaping Criminal Justice Systems: Going Beyond Legislation

Introduction

About the Book

Part 1: Effective Mechanisms for the Management of Pre-Trial Detention

Part 2: Mechanisms for Speedy Trials in the Criminal Justice Systems across Sub-Saharan Africa

Part 3: Decriminalisation, Restorative Justice, and Implementation of Non-Custodial Measures

Conclusion

Notes

Chapter 1: Effective Mechanisms for the Management of Pre-Trial Detention: A Comparative Analysis of Nigeria, Kenya, the Democratic Republic of Congo, and South Africa

Pre-Trial Detention in Nigeria

Challenges of Pre-Trial Detention in Nigeria

Overcrowding

Human Rights Abuse

Security

Addressing Pre-Trial Detention in Nigeria

Infrastructural Intervention

Case Tracking System

Virtual Court Hearing System

Prison Decongestion Visits (Jail Delivery)

Presidential Committee on Prisons Reforms and Decongestion

Pro Bono Services

Legislative Intervention

Alternative Dispute Resolution

Pre-Trial Detention in Kenya

Challenges of Pre-Trial Detention in Kenya

Inadequate Funding of the Judiciary and Prosecution Agencies

Poor Coordination of Transportation to Court

Ignorance and Misconception of Bail and Bonds

Efforts at Addressing Pre-Trial Detention in Kenya

Pre-Trial Detention in the Democratic Republic of Congo (DRC)

Challenges of Pre-Trial Detention in the DRC

Human Rights Violation

Lack of Institutional Capacity

Pressure on Infrastructure.

Addressing Pre-Trial Detention in the DRC

International Collaboration

Legislative/Policy Intervention

Pre-Trial Detention in South Africa

Challenges of Pre-Trial Detention in South Africa

Institutional Challenge

Addressing Pre-Trial Detention in South Africa

Comparative Analysis in Managing Pre-Trial Detention

Conclusion and Recommendations

References

Primary Sources

Secondary Sources

Chapter 2: Assessment of Pre-Trial Detention and the Protection of the Fundamental Human Rights of Suspects/Defendants in Burundi

Stakeholders in the Criminal Justice System of Burundi

The Public Prosecution Service

The Judiciary

The Bar

The Prison

Factors Responsible for Delays in Pre-Trial Proceedings

Service

Delays in Transmission of Files

Data Collection

Data Discussion

Data Analysis

Recommendations

Legislative/Policy

Chapter 3: Pre-Trial Detention: Challenges, Opportunities, and the Role of Technology in Sub-Sahara Africa

Conceptualising Pre-Trial Detention

Pre-Trial Detention Trends and Data in Africa

Utilising Technology to Reduce Pre-Trial Detention and Address Judicial Case Backlogs in Africa

The Need for an Enabling Legal Framework for Technology Integration

Challenges with Adopting Technology in Criminal Justice Systems in Africa

Establish Enabling Legal and Policy Frameworks for Technology Integration

Scale Up Remote Hearing Infrastructure to Decongest Courts and Prisons

Institutionalise Electronic Monitoring as a Rights-Respecting Alternative to Pre-Trial Detention

Mainstream Human Capacity Development across All Justice Actors.

Strengthen Data Systems for Reform

Funding

Leverage Artificial Intelligence for Judicial Efficiency in Pre-Trial Cases

List of Cases

Chapter 4: Effective Mechanisms for the Management of Pre-Trial Detention in Sub-Saharan Africa: The Case of Rwanda

Exploring the Mechanisms for the Management of Pre-Trial Detention Concerning Criminal Suspects in Crimes of Genocide

Management of Pre-Trial Detention for Ordinary Crimes in Rwanda

Plea Bargaining

Fine Without Trial

Bail

Alternative Dispute Resolution (ADR)

Abunzi Committees

Mediation

Promotion and Implementation of the Principle of Habeas Corpus

International Instruments

Legislative/Policy Documents

Chapter 5: Practical Steps and Best Practices in Achieving Speedy Trials in Criminal Justice Systems: An Experience from Uganda

The Legal Framework for the Right to Speedy Trial in Uganda

International and Regional Human Rights Frameworks

Domestic Legislation of the Right to Speedy Hearing

Understanding the Right to a Speedy Trial in Uganda

Powers of Courts to Curb Delays: Legislative Safeguards

Reasons for Delayed/Prolonged Trials in Uganda

Prolonged Pre-Trial Procedures

Other Reasons

The Effects of Delay in Criminal Trials

Injustice

Other Effects

Current Solutions to the Problem of Prolonged Trials

The Justice Law and Order Sector Initiative

Plea Bargains

The Administration of Judiciary Act, Cap 4

Prioritisation of Vulnerable Groups

Interventions by the Bar, CSOs, Police, and Prosecutors.

Innovations Adopted in Other Jurisdictions

Nigeria

United Kingdom

United States of America

Judicial Collegiality

Collaboration with Justice Partners

Managing Discovery

Calendar Control System in Virginia

Addressing Continuances

Chapter 6: Trial Within Trial as a Clog to Fostering Speedy Trials in Sub-Saharan Africa: A Review of the Nigerian Practice

The Nature of Trial Within Trial in Nigeria

Legal Framework for Trial Within Trial in Nigeria

Comparative Analysis of Practices in Sub-Saharan Africa

South Africa

Botswana

Kenya

Uganda

Impact of Trial Within Trial on Justice Delivery

Recommendations and Conclusion

Chapter 7: The Role of Prosecutors and Defence Attorneys in Enhancing Speedy Trials in Rwanda

The Evolution of Rwandan Criminal Justice System

Pre-Trial Detention and Its Impact on Speedy Trials

Opportunities for Prosecutors and Defence Attorneys in Ensuring Speedy Trials

Role of Prosecutors and Objectives to Be Pursued

Effectiveness of a Plea Bargain Procedure and Its Impact on Speeding Up Trials

Role of Defence Counsel in Avoiding Unnecessary Application for Adjournments

Application for Compensation in View of Unlawful and Delayed Detentions

Quality Investigations to Avoid Backlogs

Initiating Private Prosecution Procedures as a Way of Speeding Up Trials

Monitoring and Strategic Plans in Managing Cases

Equality of Arms and Speedy Trial

Judicial Fraternity in Discouraging Delaying Conduct by Parties

Primary Sources.

International Instruments

Chapter 8: Justice Delayed Is Justice Denied: Delay in Trials as a Clog on the Wheels of Justice

The Concept of Delay in the Administration of Criminal Justice

Causes of Persistent Delay in the Administration of Criminal Justice in Nigeria

Inadequate Facilities/Personnels

Poor Remuneration/Welfare Packages

Lack of Will Power

Transfer of Personnel

Corrupt Practices

Legal Framework for Speedy Dispensation of Justice in Nigeria

The Constitution of the Federal Republic of Nigeria 1999 (as Amended, Hereinafter referred to as the 1999 Constitution)

The Administration of Criminal Justice Act 2015 (ACJA 2015)

Abolishment of Stay of Proceedings

Limitation on the Number of Adjournments

Supervision of Remand Proceedings

Protection of Witnesses

Proof of Evidence Made Essential

Delivery of Judgement by Alternate Judge/Magistrate

Taking of Confessional Statements in the Presence of a Legal Practitioner

Dispensing with the Presence of the Defendant

Limitation as to Time for Commencement of Trial

Comparison with Other Jurisdictions

Criminal Justice Reforms in Rwanda

Criminal Justice Reforms in the Netherlands

Cases

Legislative/Policy Document

Chapter 9: An Appraisal of the Rights of Victims of Violent Crimes in Nigeria, Kenya, and Ghana

Crime and Victims of Violent Crimes

Victimology Theories

Victim Precipitation Theory

Lifestyle Theory

Deviant Place Theory

Routine Activity Theory

Rights of Victims of Crime in Selected African Jurisdictions.

Rights of Victims of Violent Crime in Nigeria.

Notes:

Description based on publisher supplied metadata and other sources.

ISBN:

1-04-087443-6

1-003-56192-6

9781003561927

OCLC:

1579267708

Publisher Number:

CIPO000350068