Ghana School of Law PLC: Criminal Procedure (GLC) key terms

The minimum guarantees an accused person enjoys under the 1992 Constitution, including presumption of innocence, adequate time and facilities to prepare a defence, legal representation, and trial within a reasonable time.

The constitutional rule that an accused is treated as innocent until the prosecution proves guilt beyond reasonable doubt; it shapes bail, burden of proof, and the accused's silence at trial.

The prosecution's obligation to establish every element of the offence beyond reasonable doubt; the defence bears only an evidential burden when raising a specific exception or defence.

State-funded or assigned counsel for indigent accused persons, particularly in capital or serious cases, so that lack of means does not defeat the right to a lawyer.

The accused's entitlement to be represented by a lawyer of choice, to be informed of that right, and to have counsel present during interrogation and trial where the interests of justice require.

The lawful taking of a person into custody to answer a criminal charge or prevent further offence, which must be communicated with reasons and followed by prompt production before a court.

A written judicial order, issued on sworn information, directing named officers to arrest a named person and bring them before the court; it must be executed within its terms.

The constitutional requirement that a person arrested or detained be brought before a court within forty-eight hours, failing which they must be released, with exceptions for war or emergency.

A prerogative writ compelling a custodian to produce a detained person before the court and justify the detention; it protects against unlawful or arbitrary deprivation of liberty.

Custody without legal authority, or continued after the lawful basis has lapsed; it grounds release, compensation, and civil or disciplinary consequences for the detaining officer.

A judicial authorisation, supported by sworn information showing reasonable grounds, permitting officers to enter specified premises and seize specified items; execution is limited in time and scope.

The taking of physical control of property or documents by the State, typically under a warrant or statutory power, with obligations to record, safeguard, and disclose what was taken.

An objective, fact-based belief that a person has committed or is about to commit an offence, justifying arrest or search without a warrant where statute permits.

The formal warning administered to a suspect before interrogation, explaining the right to silence and that anything said may be used in evidence; breach affects admissibility.

The requirement that a confession or statement be given freely, without threat, promise, inducement, or oppression; contested voluntariness triggers a trial-within-a-trial.

The conditional release of an accused person pending trial, usually on a bond with or without sureties, resting on the presumption of innocence and the right to liberty.

Judicial committal of an accused to custody while proceedings continue, ordered only where bail conditions cannot reasonably secure appearance or prevent interference or further offence.

A person who undertakes to ensure the accused attends court and answers the bond sum if the accused absconds; the court assesses the surety's means and reliability.

The recognisance or undertaking, with or without sureties, by which an accused is released; breach may lead to forfeiture of the sum and re-arrest.

A discretionary application to the appellate court for release after conviction, turning on the prospect of success, the length of sentence, and risk of absconding.

The lawful power of a court to hear and determine a criminal matter, determined by the offence's gravity, the sentencing powers conferred, and the territorial connection.

The locality or court in which a case may properly be tried, generally where the offence was committed or where the accused was arrested, subject to transfer for convenience or fairness.

The preliminary process by which a lower court, after examining the evidence, sends a case to the High Court or a court with greater sentencing power for trial or sentence.

The document by which proceedings are commenced in the lower courts, setting out the accused's particulars, the offence, and the essential elements alleged.

The formal written accusation filed in the High Court, containing counts that state the offence, the statutory provision, and the particulars necessary to disclose the case.

The permissible combining of multiple offences or accused persons in one charge sheet or indictment where the allegations arise from the same transaction or course of conduct.

A charge that omits essential particulars, cites the wrong offence, or is otherwise so unclear that the accused cannot know the case; it may be quashed or ordered amended.

The prosecution's duty to make available to the defence the evidence it holds or will rely on, including witness statements and exhibits, so the accused can prepare adequately.

Judicial control of the pre-trial timetable, including directions on disclosure, witness lists, and trial dates, to secure a fair and expeditious hearing.

The accused's formal answer to the charge, usually guilty or not guilty; a guilty plea must be unequivocal and based on admitted facts before conviction is entered.

An agreement between prosecution and accused in which a plea of guilty to a lesser or fewer charges is exchanged for concessions, subject to the court's independent approval and sentencing discretion.

A defence application at the close of the prosecution case asking the court to acquit because the evidence, taken at its highest, could not support a conviction.

A separate hearing, held during the main trial, to determine the voluntariness or admissibility of a disputed confession or statement before the evidence is admitted.

The written document filed within the statutory period by which a convicted person signals an intention to challenge the conviction or sentence in a higher court.

The supervisory power of a superior court to examine and correct the record of a lower court's proceedings, even without an appeal, where a miscarriage of justice appears.

A prerogative order quashing a decision of an inferior court or tribunal for excess of jurisdiction, error of law on the face of the record, or breach of natural justice.

Supervisory proceedings challenging the legality, rationality, or procedural fairness of a public decision, distinct from an appeal on the merits.

The penalty imposed on a convicted person, selected within statutory limits and guided by the seriousness of the offence, aggravating and mitigating factors, and consistency in sentencing.

Structured guidance directing courts to weigh offence seriousness and offender circumstances in a consistent way, promoting transparency and reducing unwarranted disparity between similar cases.

Facts and circumstances presented on behalf of a convicted person, such as remorse, age, or provocation, that may justify a lesser penalty than the offence would otherwise attract.

A situation where a lawyer's personal, financial, or professional interests, or duties to another client, risk materially limiting the loyalty and independent judgment owed to the client.

The lawyer's duty not to reveal information acquired in the professional relationship without the client's informed consent, subject to narrow exceptions such as preventing serious crime.

Conduct falling below the standards expected of a legal practitioner, including dishonesty, neglect of a client's case, or misleading the court, which may attract disciplinary sanction.