What is the defence of alibi?
It is a defence in which the accused asserts that he was not present at the scene of the crime but was elsewhere at the material time.
What did Azu Crabbe JSC state in Bediako v The State regarding alibi?
That by pleading alibi, the accused is saying that whoever committed the offence, it was not him, and he supports this by leading evidence that he was elsewhere at the material time.
What statutory requirement governs the plea of alibi?
Section 131 of Act 30 requires the accused to give notice of the alibi and provide particulars of the time, place, and witnesses.
When must notice of alibi be given in a summary trial?
Before the prosecution calls its first witness.
Case: Forkuo & Ors v The Republic.
When must notice of alibi be given in a trial on indictment?
At the committal proceedings stage and before the sitting of the trial court.
Why is notice of alibi required?
To enable the prosecution (through the police) to investigate the alibi.
What happens if the accused raises alibi without prior notice?
The court must require the accused to give notice and may adjourn proceedings to allow investigation (s.131(3)).
What is the consequence of failing to provide particulars of an alibi?
The trial proceeds, but evidence in support of the alibi becomes inadmissible (s.131(4)).
Does failure of an alibi automatically lead to conviction?
No. The prosecution must still prove its case beyond reasonable doubt.
What is the defence of autrefois acquit or autrefois convict?
A defence that a person who has already been tried and acquitted or convicted by a competent court cannot be tried again on the same facts for the same offence.
What constitutional principle underlies this defence?
The principle of double jeopardy.
What must the accused prove to succeed in this defence?
That:
He was tried by a competent court, and
He was acquitted or convicted on the same facts.
Which section provides the mode of proof of previous conviction or acquittal?
Section 117 of Act 30.
What is the supervening consequences exception under Section 115?
A person may be tried for a new offence if the consequences of the original act occurred after the first trial.
When can a person be retried because of lack of jurisdiction?
Under Section 116, if the first court lacked competence to try the subsequent offence.
What is the constitutional exception regarding treason?
Under Article 19(8), acquittal for treason or high treason does not bar proceedings for another offence.
What is the disciplined forces exception under Article 19(16)(b)?
A member of a disciplined force may be tried in court even after being tried under disciplinary law.
When must a court conduct a lunacy enquiry?
When it believes the accused is of unsound mind and incapable of making a defence.
What sections govern lunacy enquiry?
Sections 133–135 of Act 30.
What is the first step in a lunacy enquiry?
The judge orders a medical examination of the accused.
Is medical examination alone sufficient?
No. Medical evidence on oath is required.
Case: Agyemang v The Republic.
What happens if the accused is found incapable of making a defence?
The judge records the finding and adjourns the case.
What options does the judge have regarding custody?
Grant bail with sufficient security, or
Order detention in safe custody and transmit record to the Minister.
Who ultimately decides where the accused is kept?
The Minister of Justice issues a warrant for confinement.
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Introduction54
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Nolle Prosequi37
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Role of the Attorney General20
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Role of the Police and Arrest37
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Keeping the peace and good behavior20
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Criminal Proceedings Provisions17
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Institution of Criminal Proceedings26
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Punishment25
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Appeals26
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Defences31
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Bail35
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Mode of Trial and Trial on Indictment29
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Plea Bargaining47
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Juvenile Justice System14
