What are deferral and discontinuance?
The Special Court has primacy over all courts in Sierra Leone, pursuant to article 8 of its Statute. This applies only in respect of Sierra Leonean courts, not the TRC or other national commissions created by Parliament that are subject to the general obligation to comply with orders of the Special Court. Primacy refers solely to the question of which court has jurisdiction over a particular case or individual. As such, it only applies where one body either is or could be seized of jurisdiction in a particular matter. If this situation occurs, the Special Court can request the Sierra Leone court to defer consideration of the matter. Similarly, article 9 of the Statute sets out the non bis in idem principle, namely that if a person has already been tried by the Special Court, Sierra Leone courts may not try that person again for the same criminal acts, whether or not they were convicted or acquitted. In that situation, the Special Court may request that the Sierra Leone court concerned
