What is a nolle prosequi?
A formal declaration by the Attorney-General (or delegate) that the Republic will no further prosecute a case.
What statutory provision governs nolle prosequi?
Section 54 of Act 30.
At what stage may a nolle prosequi be entered?
At any stage before judgment or verdict, including after addresses.
How may a nolle prosequi be entered?
Orally in court or in writing to the trial court.
What is the immediate effect of entering a nolle prosequi?
The accused is immediately discharged.
What happens if the accused is on remand?
He must be released immediately.
What happens if the accused is on bail?
His recognisance is discharged.
Does nolle prosequi amount to an acquittal?
No. It is a discharge only.
Does nolle prosequi bar fresh proceedings on the same facts?
No. It does not operate as a bar to subsequent proceedings.
Does the rule against double jeopardy apply after nolle prosequi?
No.
Is the Attorney-General required to give reasons for nolle prosequi?
No.
Is the Attorney-General’s discretion subject to judicial review?
Generally no, but it may be reviewed in appropriate constitutional proceedings.
What did the Supreme Court hold in the Gregory Afoko case?
That entering a nolle prosequi even after addresses was lawful, but subject to judicial review in appropriate proceedings.
Can the Attorney-General delegate the power to enter nolle prosequi?
Yes.
To whom may this power be delegated?
Any person appointed to sign indictments or represent the State at trials on indictment.
Must the delegation be in writing?
Yes.
What is the immediate legal effect of a nolle prosequi?
The case comes to an end and the accused is discharged immediately.
What was held in Yeboah v Boateng regarding nolle prosequi?
That entry of a nolle prosequi is sufficient termination of proceedings in favour of the accused for malicious prosecution purposes.
What must be done if the accused is not before the court when a nolle prosequi is entered?
The Registrar must notify the prison authority and, if applicable, the committing District Court.
What did Amissah state about this discretion?
No law prescribes conditions for its exercise or requires reasons.
What did the court hold in Republic v Abrokwa?
That the Attorney-General’s power to enter nolle prosequi cannot be questioned by the courts except politically.
What is the effect of a nolle prosequi on the trial court?
The court becomes functus officio in respect of the matter.
What did the court hold in Adu Tutu Gyamfi?
That once a nolle prosequi is entered, the court loses jurisdiction and any further proceedings are null and void.
What was held in Republic v Adu Kwabena?
That a nolle prosequi entered without written authorization was null and void.
-
Introduction54
-
Nolle Prosequi37
-
Role of the Attorney General20
-
Role of the Police and Arrest37
-
Keeping the peace and good behavior20
-
Criminal Proceedings Provisions17
-
Institution of Criminal Proceedings26
-
Punishment25
-
Appeals26
-
Defences31
-
Bail35
-
Mode of Trial and Trial on Indictment29
-
Plea Bargaining47
-
Juvenile Justice System14
