Introduction Flashcards by Kanchelli Iddrisu

Who are the key interests protected by criminal procedure?

The victim or complainant

The accused person

The Republic (the public interest)

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What is the primary constitutional source of criminal procedure in Ghana?

The 1992 Constitution of Ghana.

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Which statute defines criminal offences in Ghana?

The Criminal Offences Act, 1960 (Act 29).

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Which statute governs criminal procedure in Ghana?

The Criminal and Other Offences (Procedure) Act, 1960 (Act 30).

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What role does the Courts Act, 1993 (Act 459) play in criminal procedure?

It establishes the courts and regulates their jurisdiction in criminal matters.

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List the main sources of criminal procedure in Ghana.

1992 Constitution of Ghana

Criminal Offences Act, 1960 (Act 29)

Criminal and Other Offences (Procedure) Act, 1960 (Act 30)

Courts Act, 1993 (Act 459)

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Which courts have emphasized the supremacy of the Constitution over Act 30?

The Supreme Court, in several cases including Martin Kpebu v Attorney-General.

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Which court has primary jurisdiction to enforce fundamental human rights?

The High Court under Article 33(1).

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Which constitutional articles are most relevant to criminal procedure?

Articles 13, 14, 15, 18, and 19.

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What is the general rule under Article 13 on the right to life?

No person shall be deprived of life.

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What are the constitutional exceptions to the right to life?

Execution after lawful conviction and sentence of death

Lawful act of war

Reasonable use of force justified under Article 13(2)(a)–(d)

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What does Article 14 generally guarantee?

The right to personal liberty.

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Can personal liberty be lawfully restricted?

Yes, under specific exceptions in Article 14(1)(a)–(g).

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What rights does an arrested person have under Article 14(2)?

To be informed immediately of the reason for arrest

To be informed of the right to a lawyer of choice

Information must be given in a language understood

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Which cases affirm the duty to inform an accused of reasons for arrest?

Republic v Akosah; Okorie alias Ozuzu.

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What does Article 14(3) provide?

A person must be brought before a court within 48 hours of arrest.

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What happens if this rule is violated?

The person is entitled to unconditional or conditional release.

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What does Article 14(4) protect?

The right to be tried within a reasonable time or be released on bail.

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How is “reasonable time” determined?

It depends on the circumstances of each case.

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Which cases explain reasonable time?

Gorman v Republic; Brefo v Republic; Dogbe v Republic; Martin Kpebu v Attorney-General.

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What right is guaranteed under Article 14(5)?

The right to compensation for unlawful arrest or detention.

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In which forum is this right enforced?

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The civil courts. Dr Solomon Sarfo v IGP & Attorney-General.

What does Article 14(6) require courts to do at sentencing?

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Take into account time already spent in lawful custody.

Can courts impose sentences below statutory minimums using Article 14(6)?

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No. Gabriel Bosso v Republic; Ojo & Anor v Republic.

What right is provided under Article 14(7)?

Compensation after acquittal on appeal. Dodzie Sabbah v Republic (SC, 11 June 2015).

What conduct is prohibited under Article 15?

Torture, cruel, inhuman, or degrading treatment or punishment.

What custodial safeguards does Article 15 provide?

Remand prisoners must be kept separate from convicted persons Juveniles must be kept separate from adults

What does Article 19 guarantee generally?

The right to a fair hearing within a reasonable time.

What is the presumption under Article 19(2)(c)?

Every accused person is presumed innocent until proven guilty.

Which cases affirm this presumption?

Gorman v Republic; Martin Kpebu v Attorney-General.

When is a jury trial mandatory?

For offences punishable by death or life imprisonment.

What exception applies to treason?

Proceedings must be conducted in the presence of the accused.

What are the exceptions under Article 19(3)?

Accused refuses to appear after due notice Accused disrupts proceedings

Which case illustrates refusal to appear?

Bonsu alias Benjilo v Republic.

What language right does Article 19 guarantee?

Proceedings must be interpreted into a language the accused understands.

What does Article 19(11) provide?

No conviction unless the offence and penalty are defined in written law.

What is the exception under Article 19(12)?

Contempt of a superior court.

Which cases interpret this principle?

British Airways v Attorney-General; Tsatsu Tsikata v Republic; Ali Yusif Issa v Republic (No. 2).

What principle is contained in Article 19(7)?

A person cannot be tried twice for the same offence.

What are the main exceptions?

Trial ordered on appeal or review Treason or high treason Disciplinary force trials followed by criminal trials

What right is guaranteed under Article 19(10)?

The right to remain silent. Okyere v Republic.

What does Article 19(13) guarantee?

Independence, impartiality, and fair hearing. Aboagye v Ghana Commercial Bank Ltd.

What does Article 19(14) provide?

Trials should generally be held in public.

When may proceedings be held in camera?

In the interest of morality, safety, public order, justice, or welfare of minors (Articles 19(14)–(15)).

What is territorial jurisdiction in criminal law?

It refers to the geographical area within which a court has authority to try criminal offences.

What is the general rule on territorial jurisdiction of Ghanaian courts in criminal matters?

Ghanaian courts have jurisdiction only over offences committed within the territory of Ghana.

What areas are included within Ghana’s territory for criminal jurisdiction?

Land territory of Ghana Ghana’s territorial waters Ghana’s airspace Ships registered or licensed in Ghana Aircraft registered or licensed in Ghana

Which statute governs territorial jurisdiction of courts in Ghana?

The Courts Act, 1993 (Act 459).

Which specific provision of the Courts Act sets out territorial jurisdiction and its exceptions?

Section 56 of the Courts Act, 1993 (Act 459).

What is the effect of Sections 56(2)–(4) of the Courts Act?

They extend the jurisdiction of Ghanaian courts to certain offences committed outside Ghana.

Why are these exceptions necessary?

To prevent offenders from escaping liability merely because part or all of the offence occurred outside Ghana.

Which case is authority on territorial jurisdiction in Ghanaian criminal law?

Appiah v The Republic. That Ghanaian courts may assume jurisdiction over offences where statutory provisions extend jurisdiction beyond Ghana’s territorial limits.

Can a Ghanaian court try an offence committed entirely outside Ghana?

Only if the offence falls within the statutory exceptions under Section 56 of the Courts Act.

What must a court consider first when determining territorial jurisdiction?

Where the offence was committed Whether it falls within Ghana’s territorial scope Whether any statutory exception applies

Introduction Flashcards

(54 cards)