Ghana School of Law PLC: Criminal Procedure (GLC) flashcards

39 cards. Read the term and the definition here. The deck at the top of this page is optional.

Article 14 of the Constitution

Protects personal liberty; permits deprivation of liberty only on grounds permitted by the Constitution and requires that a detained person be informed of the reason for arrest and the right to counsel.

Presumption of innocence

Article 19(2)(c) of the 1992 Constitution: every accused person is presumed innocent until proven guilty beyond reasonable doubt by a competent court.

Trial within reasonable time

Article 19(1) of the Constitution entitles an accused to a fair trial within a reasonable time; delay may support a stay of proceedings or an Article 33 application.

Autrefois acquit

A plea in bar that the accused was previously acquitted of the same offence by a competent court; Article 19(5) of the Constitution bars retrial after acquittal or pardon.

Arrest without warrant

Section 3 of Act 30 permits a police officer to arrest without warrant a person he reasonably suspects has committed or is about to commit an offence.

48-hour rule

Article 14(3) of the Constitution and section 10 of Act 30: a person arrested must be brought before a court within 48 hours of arrest.

Search warrant requirements

A search warrant must specify the place to be searched and the items to be seized; a general warrant is void for overbreadth and any evidence obtained may be excluded.

Habeas corpus

A High Court order requiring a detaining authority to produce a detained person and justify the detention; the burden lies on the detaining authority.

Bail under Article 14(4)

A person arrested or detained is entitled to bail pending trial unless the court is satisfied he may not appear or may interfere with witnesses or investigations.

Bail in capital offences

In treason, murder, robbery and narcotics offences, bail may be granted only by the High Court in exceptional circumstances; the District Court has no jurisdiction.

Surety recognisance

A surety undertakes to produce the accused in court; if the accused absconds the surety's recognisance may be forfeited and enforced as a debt.

Remand in custody

Where bail is refused the accused is remanded in custody and must be periodically mentioned in court; remand is preventive, not punitive, detention before trial.

High Court criminal jurisdiction

Article 140 of the Constitution confers original jurisdiction on the High Court in all criminal matters; it may try any offence and hears appeals from lower courts.

District Court jurisdiction

The District Court tries summary offences punishable by up to 2 years' imprisonment or a fine, and may commit an accused for trial at the High Court.

Venue in criminal cases

The proper venue is the court within whose district the offence was committed; where the offence spans districts, any of the affected courts may try it.

Juvenile Court jurisdiction

Under the Juvenile Justice Act, 2003 (Act 653), the Juvenile Court handles offences by persons under 18, with procedures emphasising rehabilitation rather than punishment.

Charge requirements

Section 56 of Act 30: a charge must be in writing, signed by the prosecutor, and state the offence with sufficient particulars to enable the accused to know the case.

Duplicitous charge

A count that charges more than one offence in a single count is bad for uncertainty and may be quashed or ordered to be amended by the court.

Indictment in High Court

A formal written accusation filed in the High Court by the Attorney-General or a public prosecutor, supported by a summary of evidence and witness statements.

Amendment of charge

Section 63 of Act 30: the court may amend a defective charge at any time before judgment; an amendment that prejudices the defence may require an adjournment.

Arraignment

The first appearance at which the charge is read to the accused in a language he understands and he is required to plead guilty or not guilty.

Disclosure duty

The prosecution must disclose witness statements, exhibits and material that may assist the defence; failure may lead to a stay or exclusion of evidence.

Plea bargaining in Ghana

Introduced by the Criminal and Other Offences (Procedure) (Amendment) Act, 2022 (Act 1079); allows negotiation of a plea in exchange for a reduced charge or sentence.

Preliminary inquiry

Section 70 of Act 30: committal proceedings in the District Court to determine whether there is sufficient evidence to commit an accused for trial at the High Court.

Burden of proof

The prosecution bears the burden of proving every element of the offence beyond reasonable doubt; the accused need not prove his innocence.

Submission of no case

Section 173 of Act 30: at the close of the prosecution's case the court may acquit if there is no evidence on which a reasonable court could convict.

Trial-within-a-trial

A procedure used where voluntariness of a confession is challenged; the court determines admissibility in the absence of the jury or, in a bench trial, separately.

Guilty plea requirements

A guilty plea must be voluntary, unequivocal, and entered personally by the accused; the court must satisfy itself that the accused understands the charge.

Appeal timelines

An appeal must be filed within 14 days of the decision in summary cases and within 30 days in cases tried on indictment, unless the court extends time.

Revisionary jurisdiction

The High Court may revise criminal decisions of District and Circuit Courts on its own motion or on application to correct errors of law or fact.

Bail pending appeal

A convicted person may apply to the appellate court for bail pending the determination of his appeal; the court considers the merits and risk of flight.

Suspended sentence

Section 304 of Act 30: a sentence of not more than 3 years may be suspended where the court is satisfied the offender is unlikely to reoffend.

Aggravating factors

Circumstances that increase the seriousness of an offence for sentencing, including use of violence, vulnerability of the victim, previous convictions, and prevalence of the offence.

Restitution order

Section 314 of Act 30: the court may order the offender to compensate the victim for loss suffered as a result of the offence, in addition to or instead of a sentence.

Pre-sentence report

A report prepared by a probation officer on the offender's background, circumstances and suitability for non-custodial measures, considered before sentencing in specified cases.

Conflict of interest

A lawyer must not act where his own interests or those of another client conflict with the client's interests; the duty of loyalty requires withdrawal or disclosure.

Duty not to mislead court

A lawyer must not knowingly misstate the law or facts, must disclose adverse authorities, and must correct any misstatement made in the course of proceedings.

Contingency fees in crime

A lawyer may not charge a fee contingent on the outcome of a criminal case; fees must be reasonable and disclosed to the client in writing.

Client account rules

A lawyer must keep client funds separate from his own, maintain proper records, and account for all monies received on the client's behalf.