By Dawda M. Jallow
Deputy Inspector General of Police Demba Sowe has raised concerns over court delays that can make it difficult for police to comply with the constitutional requirement to bring suspects before a court within 72 hours of arrest.
Speaking on GRTS, Sowe said the constitutional requirement was clear and that police officers were expected to operate within the prescribed timeframe.
He stressed that police officers were not authorised to deliberately keep suspects in custody beyond the 72-hour period.
However, he said challenges could arise when investigators had completed the necessary work and were ready to take a suspect to court, but a magistrate was unavailable or the suspect’s court appearance was scheduled beyond the constitutional timeframe.
Sowe questioned what should happen when a scheduled court date falls outside the 72-hour period and no one comes forward to secure the suspect’s release.
He said police could not simply release a person they believed might have committed an offence, creating a difficult situation for officers when delays in court proceedings affect the constitutional timeframe.
The Deputy IGP explained that circumstances could vary depending on the nature of the case and the bail conditions imposed.
He said police could release suspects on conditional or unconditional bail while investigations were ongoing. However, where bail required a surety, a suspect could remain in custody until the stipulated conditions were fulfilled.
Sowe said investigators generally use the 72-hour period to complete their inquiries, prepare case files and ensure that suspects are brought before the courts within the required timeframe.
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