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Ghana School of Law PLC: Criminal Procedure (GLC) study materials
Ghana School of Law PLC: Criminal Procedure (GLC) study resources

Ghana School of Law PLC: Criminal Procedure (GLC) practice questions

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Question 1Constitutional foundations and fair trial rights in criminal process

Under Article 19 of the 1992 Constitution of Ghana, a person charged with a criminal offence is presumed innocent until proven guilty. Which statement best captures the practical effect of this presumption at trial?

  1. The court may presume guilt where the accused declines to answer police questions.
  2. The burden shifts to the accused once the prosecution has produced any evidence at all.
  3. The accused must give evidence first to establish innocence before the prosecution responds.
  4. The prosecution bears the burden of proving guilt beyond reasonable doubt, and the accused need prove nothing. Correct answer.

Explanation

Article 19(2)(c) places the burden of proving guilt on the prosecution, and the standard is proof beyond reasonable doubt. The presumption means the accused may remain silent and call no evidence without thereby being treated as guilty. Any shift of the persuasive burden to the defence would itself offend the constitutional presumption.

Question 2Constitutional foundations and fair trial rights in criminal process

A suspect is arrested and detained by the police. Under Article 14 of the 1992 Constitution, which entitlement applies to the detained person?

  1. To refuse to disclose his name until a lawyer arrives.
  2. To be informed immediately, in a language he understands, of the grounds for his arrest and detention. Correct answer.
  3. To be released unconditionally after twenty-four hours regardless of the offence.
  4. To be tried within seven days of arrest in every case.

Explanation

Article 14(2) requires that a person arrested or detained be informed immediately, in a language he understands, of the grounds for the arrest or detention. Related guarantees include access to a lawyer and being brought before a court within forty-eight hours. These are distinct rights and should not be conflated with a fixed trial deadline.

Question 3Constitutional foundations and fair trial rights in criminal process

Article 19(2)(e) of the 1992 Constitution deals with the examination of witnesses. Which proposition correctly states the constitutional position for a person charged with an offence?

  1. The accused may only call witnesses who have already testified for the prosecution.
  2. The accused has no right to cross-examine prosecution witnesses where their statements were recorded by the police.
  3. The accused is entitled to be given adequate time and facilities to prepare his defence and to examine witnesses on his own behalf. Correct answer.
  4. The accused must pay the travel expenses of any witness he wishes to call.

Explanation

Article 19(2)(e) guarantees the accused adequate time and facilities to prepare his defence and the right to examine witnesses on his own behalf. This includes cross-examination of prosecution witnesses and calling defence witnesses. Denial of these facilities can render a trial unfair.

Question 4Constitutional foundations and fair trial rights in criminal process

Which court is constitutionally designated as the final appellate court in Ghana, hearing appeals in criminal matters from the Court of Appeal?

  1. The Court of Appeal sitting as a full bench
  2. The High Court
  3. The Circuit Court
  4. The Supreme Court Correct answer.

Explanation

Under the 1992 Constitution the Supreme Court is the apex court and the final court of appeal in Ghana. It hears appeals from the Court of Appeal, including in criminal cases. The High Court and Circuit Court are trial courts of general and limited jurisdiction respectively.

Question 5Constitutional foundations and fair trial rights in criminal process

A person is acquitted by a competent court after a full trial. Which constitutional principle protects that person from being tried again for the same offence?

  1. Habeas corpus, which tests the lawfulness of detention.
  2. Autrefois acquit, reflected in the constitutional protection against double jeopardy. Correct answer.
  3. Nolle prosequi, which terminates proceedings before judgment.
  4. Certiorari, which quashes decisions of inferior tribunals.

Explanation

The plea of autrefois acquit bars a second trial for the same offence after an acquittal, and this is reflected in the constitutional guarantee against double jeopardy. It protects finality of criminal judgments. The other doctrines serve different procedural functions.

Question 6Constitutional foundations and fair trial rights in criminal process

Article 19(2)(g) of the 1992 Constitution addresses the right to an interpreter. Which statement accurately reflects that guarantee?

  1. An interpreter is provided free of charge where the accused cannot understand the language used at the trial. Correct answer.
  2. An interpreter is provided only in the Supreme Court.
  3. An interpreter is provided only where the accused is a foreign national.
  4. An interpreter is provided at the accused's own expense in all cases.

Explanation

The Constitution entitles an accused who cannot understand the language used at the trial to be provided free of charge with an interpreter. The right turns on comprehension, not nationality. It applies across the courts where criminal trials are held.

Question 7Constitutional foundations and fair trial rights in criminal process

In a criminal trial in Ghana, the prosecution wishes to rely on a confession obtained from the accused. Which constitutional provision is most directly engaged when the defence challenges its voluntariness?

  1. Article 19(2)(f), concerning the right to be present and to be tried in public.
  2. Article 19(2)(a), concerning the right to be informed promptly of the nature of the charge.
  3. Article 19(2)(h), concerning the right to appeal.
  4. Article 19(2)(d), concerning the right not to be compelled to give evidence or confess guilt. Correct answer.

Explanation

Article 19(2)(d) protects an accused from being compelled to make a confession or to give evidence against himself. A confession obtained by coercion or inducement is therefore constitutionally vulnerable, and the court conducts a trial within a trial to determine voluntariness. The other paragraphs address different fair trial guarantees.

Question 8Constitutional foundations and fair trial rights in criminal process

The police hold a suspect for seventy-two hours without bringing him before a court. His lawyer applies for a remedy. Which remedy is most appropriate to test the lawfulness of the continued detention?

  1. An application for habeas corpus directed at the person detaining the suspect. Correct answer.
  2. An application for certiorari to quash the arrest.
  3. An application for mandamus compelling the police to complete their investigation.
  4. An application for prohibition to restrain the police from investigating.

Explanation

Habeas corpus requires the detainer to produce the detained person and justify the detention before the court. It is the classic remedy where a suspect is held beyond the constitutional period without being brought before a court. Certiorari, prohibition and mandamus are supervisory orders directed at different concerns.

Question 9Constitutional foundations and fair trial rights in criminal process

An accused is tried and convicted in the High Court. He argues on appeal that the trial judge failed to consider his alibi defence. Which ground of appeal is most directly raised?

  1. That the charge sheet was not signed by the prosecutor.
  2. That the conviction is unreasonable and cannot be supported having regard to the evidence. Correct answer.
  3. That the sentence imposed was mandatory in law.
  4. That the trial court lacked geographical jurisdiction.

Explanation

A failure to consider a substantial defence such as an alibi may render the conviction unsafe, which is a ground that the verdict is unreasonable or unsupported by the evidence. Appellate courts examine whether the trial court properly evaluated all material evidence. The other grounds concern jurisdiction or form rather than the evaluation of evidence.

Question 10Constitutional foundations and fair trial rights in criminal process

A trial judge conducts proceedings in camera in an ordinary robbery case without giving reasons. What is the constitutional objection?

  1. In camera hearings are permitted only where the accused consents in writing.
  2. Article 19 guarantees a public trial unless the court is satisfied that publicity would prejudice the interests of justice, and reasons should be given. Correct answer.
  3. Only the Supreme Court may sit in camera.
  4. Criminal trials must always be held in the absence of the public.

Explanation

Article 19(2)(f) guarantees a public trial, subject to limited exceptions such as where publicity would prejudice the interests of justice or public morality. A court departing from open justice should give reasons on the record. An unexplained in camera hearing in an ordinary case offends the constitutional default of openness.

Question 11Constitutional foundations and fair trial rights in criminal process

The Attorney-General enters a nolle prosequi in a case where the accused has already been arraigned. What is the immediate procedural effect?

  1. The case is automatically transferred to the Supreme Court.
  2. The court must convict the accused on the available evidence.
  3. The proceedings are discontinued, but the accused may be re-arrested and prosecuted on the same facts with the leave of the court. Correct answer.
  4. The accused is acquitted and cannot be retried.

Explanation

A nolle prosequi discontinues the proceedings but does not operate as an acquittal. The accused may later be prosecuted on the same facts, though leave of the court is required where the accused has already been arraigned. This distinguishes it from a judgment of acquittal.

Question 12Constitutional foundations and fair trial rights in criminal process

A defendant is charged with murder. He wishes to conduct his own defence but the court appoints counsel over his objection. Which constitutional consideration is most relevant?

  1. The right to a public trial.
  2. The right to examine witnesses.
  3. The right to defend himself in person or through counsel of his choice. Correct answer.
  4. The right to be informed of the charge in a language he understands.

Explanation

Article 19(2)(e) recognises the right of an accused to defend himself in person or to be represented by counsel of his choice. A court may assign counsel in certain circumstances, but the accused's choice of representation is a protected interest that must be respected. The other options concern separate guarantees.

Question 13Constitutional foundations and fair trial rights in criminal process

A statute provides that any person found in possession of a specified item is deemed guilty unless he proves that he came by it lawfully. How should a court reconcile this with Article 19?

  1. The provision is automatically void because any reverse onus offends the Constitution.
  2. The provision may be read as imposing only an evidential burden on the accused, preserving the prosecution's ultimate burden of proof. Correct answer.
  3. The provision is valid only where the accused is unrepresented.
  4. The provision is valid because the legislature may create strict liability offences freely.

Explanation

Reverse onus provisions are often read down so that the accused bears only an evidential burden of raising a lawful explanation, while the prosecution retains the persuasive burden of proving guilt beyond reasonable doubt. This reconciles the statutory presumption with the constitutional presumption of innocence. A blanket invalidity or validity approach ignores the interpretive technique courts apply.

Question 14Constitutional foundations and fair trial rights in criminal process

During a criminal trial the prosecution seeks to introduce a statement obtained from the accused after he was beaten by investigators. What is the correct approach of the trial court?

  1. Refer the matter to the Attorney-General for a decision on admissibility.
  2. Admit the statement but reduce the sentence.
  3. Exclude the statement because it was obtained by coercion in breach of the privilege against self-incrimination. Correct answer.
  4. Admit the statement because it is relevant to the charge.

Explanation

A confession obtained by violence or coercion is involuntary and inadmissible, and its use would breach the constitutional protection against compelled self-incrimination. The court holds a trial within a trial to determine voluntariness before admitting a disputed confession. Relevance alone does not cure the constitutional defect.

Question 15Constitutional foundations and fair trial rights in criminal process

A convicted person wishes to appeal against both conviction and sentence. Which statement correctly describes the appellate structure in Ghana?

  1. An appeal from the Circuit Court in a criminal matter lies to the High Court, and further appeal lies to the Court of Appeal with leave or as of right in specified cases. Correct answer.
  2. Appeals in criminal matters are heard only by the High Court.
  3. There is no right of appeal in criminal matters; only review is available.
  4. An appeal from the Circuit Court lies directly to the Supreme Court.

Explanation

Criminal appeals from the Circuit Court go to the High Court, and further appeals proceed to the Court of Appeal and ultimately the Supreme Court in accordance with statute and the Constitution. The hierarchy ensures that trial decisions are reviewed before reaching the apex court. Direct appeals from the Circuit Court to the Supreme Court are not the general rule.

Question 16Constitutional foundations and fair trial rights in criminal process

A suspect is arrested without a warrant by a private citizen who witnessed him committing an assault. Which statement best reflects the law on citizen's arrest?

  1. A private citizen may arrest only with the prior written authority of the Attorney-General.
  2. A private citizen may arrest without warrant only where the suspect confesses.
  3. A private citizen may detain the suspect indefinitely until the police arrive.
  4. A private citizen may arrest without warrant a person who in his presence commits an offence, and must hand the person over to the police without unnecessary delay. Correct answer.

Explanation

The criminal procedure law permits a private person to arrest without warrant someone who in his presence commits an offence, and requires that the arrested person be delivered to the police without unnecessary delay. The power is limited and does not authorise prolonged private detention. Confession or prior authority is not a precondition.

Question 17Constitutional foundations and fair trial rights in criminal process

An accused is convicted after a trial in which the prosecution failed to disclose a witness statement that materially contradicted its main witness. What is the strongest constitutional argument on appeal?

  1. That the trial was unfair because the accused was denied facilities necessary for his defence. Correct answer.
  2. That the trial judge should have sat in camera.
  3. That the charge was duplicitous.
  4. That the sentence was excessive.

Explanation

Non-disclosure of material evidence that undermines the prosecution case can render the trial unfair, engaging the constitutional guarantee of adequate facilities to prepare a defence. The appellate court asks whether the accused had a fair opportunity to meet the case against him. Sentencing, pleading and publicity concerns are separate matters.

Question 18Constitutional foundations and fair trial rights in criminal process

A court convicts an accused solely on the basis of his silence at trial and his refusal to answer police questions. Which constitutional principle is most directly violated?

  1. The privilege against self-incrimination and the presumption of innocence. Correct answer.
  2. The right to an interpreter.
  3. The right to examine witnesses.
  4. The right to a public trial.

Explanation

Drawing an adverse inference of guilt from silence offends the privilege against self-incrimination and the presumption of innocence. Silence is not evidence of guilt and cannot alone sustain a conviction. The other guarantees concern openness, language and witness examination.

Question 19Constitutional foundations and fair trial rights in criminal process

A statute ousts the jurisdiction of the High Court to review the lawfulness of a detention order made by an executive official. How should a court treat such an ouster in light of the 1992 Constitution?

  1. The ouster is effective because Parliament's sovereignty is unlimited.
  2. The ouster is ineffective because the High Court's supervisory jurisdiction under Article 140 cannot be ousted by ordinary legislation. Correct answer.
  3. The ouster is effective if the official gives reasons for the detention.
  4. The ouster is effective only where the detainee is a foreign national.

Explanation

Article 140 vests supervisory jurisdiction in the High Court over inferior courts and tribunals, and this jurisdiction cannot be removed by ordinary statute. An ouster clause purporting to exclude review of executive detention would therefore be constitutionally ineffective. The Constitution is supreme, and Parliament's legislative power is subject to it.

Question 20Constitutional foundations and fair trial rights in criminal process

An accused is charged with an offence carrying a maximum sentence of life imprisonment. He requests counsel but cannot afford one, and the court proceeds without assigning counsel. Which statement best reflects the constitutional position?

  1. There is no constitutional right to counsel in criminal matters.
  2. Article 19 guarantees the right to be represented by counsel of choice and, in cases involving serious offences where the interests of justice require, the court may assign counsel; denial can render the trial unfair. Correct answer.
  3. Counsel must be assigned in every criminal case regardless of the seriousness of the offence.
  4. The right to counsel arises only after conviction.

Explanation

Article 19(2)(e) protects the right to defend oneself through counsel of one's choice, and the courts recognise that in serious cases the interests of justice may require assignment of counsel at state expense. Denial of representation in a grave case can render the trial unfair. The right is not absolute in every trivial matter, nor is it confined to the post-conviction stage.

Question 21Arrest, search, seizure and safeguards against unlawful detention

Under the Criminal Procedure Act 1960 (Act 30), a police officer may arrest a person without a warrant where the officer has reasonable grounds to suspect that the person has committed an offence. What standard does 'reasonable grounds' require?

  1. Facts and circumstances that would satisfy an ordinarily prudent person that the suspect probably committed the offence Correct answer.
  2. A formal written complaint lodged by the victim at the police station
  3. A firm belief held by the officer, however formed, that the suspect is guilty
  4. Proof beyond reasonable doubt already available at the moment of arrest

Explanation

Reasonable grounds is an objective standard: the officer must point to facts and circumstances that would lead an ordinarily prudent person to suspect the offence was committed. A mere hunch or unformed belief does not qualify, and the criminal standard of proof applies at trial rather than at arrest.

Question 22Arrest, search, seizure and safeguards against unlawful detention

A police officer arrests Kofi without a warrant for an alleged misdemeanour. Under Act 30, what must the officer do with the arrested person as soon as reasonably practicable?

  1. Take him before a court or before a justice of the peace without unnecessary delay Correct answer.
  2. Detain him for a fixed forty-eight hours before any court appearance
  3. Hand him over to the complainant for informal settlement
  4. Release him unconditionally once his name and address are recorded

Explanation

The constitutional and statutory safeguard is that a person arrested must be brought before a court or judicial officer without undue delay. Detention must not be prolonged administratively, and unconditional release is not the default where grounds for arrest exist.

Question 23Arrest, search, seizure and safeguards against unlawful detention

Which of the following is the primary constitutional source of the protection against unlawful search and seizure in Ghana?

  1. The Evidence Act 1975 (NRCD 323)
  2. Article 18 of the 1992 Constitution Correct answer.
  3. The Criminal Procedure Act 1960 (Act 30) alone
  4. The Police Service Act 1970 (Act 350)

Explanation

Article 18 of the 1992 Constitution guarantees the right to privacy of person, home, property and correspondence, and prohibits search or entry without consent except as authorised by law. Act 30 and the Police Service Act regulate procedure, but the foundational protection is constitutional.

Question 24Arrest, search, seizure and safeguards against unlawful detention

A police officer wishes to search a private dwelling without a warrant. Which circumstance most clearly falls within a recognised exception to the warrant requirement?

  1. The officer suspects the occupant is keeping stolen property generally
  2. The officer wants to confirm a rumour circulating in the neighbourhood
  3. The officer wishes to look for evidence of an offence committed by a third party elsewhere
  4. The officer has the consent of the occupier who has authority to give it Correct answer.

Explanation

A search by consent of the occupier, given freely and by a person with authority over the premises, is a recognised exception to the warrant requirement. General suspicion, third-party evidence and neighbourhood rumour do not dispense with the need for a warrant.

Question 25Arrest, search, seizure and safeguards against unlawful detention

Where a person is arrested without a warrant for an offence that is not serious, what is the general position under Act 30 regarding release?

  1. He must be released only after payment of a cash deposit fixed by the police
  2. He must be detained until a formal charge is filed by the prosecutor
  3. He must be released on his own recognisance or on bail unless the offence is grave or there are strong reasons against release Correct answer.
  4. He may be detained indefinitely at the discretion of the arresting officer

Explanation

Act 30 favours liberty: a person arrested for a non-serious offence should be released on bail or recognisance unless the offence is grave or there are strong reasons to refuse. Police cannot fix a cash deposit as a condition of release, nor detain at their own discretion.

Question 26Arrest, search, seizure and safeguards against unlawful detention

A search warrant is issued by a court. What must the warrant ordinarily specify to be valid?

  1. The rank of the officer who will execute it
  2. The name of the informant who supplied the tip
  3. The estimated duration of the search in hours
  4. The place to be searched and the things or persons to be searched for Correct answer.

Explanation

A valid warrant must describe with particularity the place to be searched and the persons or things sought, so that the search stays within judicial authorisation. The informant's identity, the officer's rank and a time estimate are not essential particulars.

Question 27Arrest, search, seizure and safeguards against unlawful detention

Which of these best describes the offence of wrongful confinement in the context of police detention?

  1. Failing to inform a suspect of the charge in writing
  2. Arresting a suspect in a public place without a warrant
  3. Detaining a person without lawful authority or justification Correct answer.
  4. Detaining a suspect for longer than the officer's shift

Explanation

Wrongful confinement consists of detaining a person without lawful authority or justification, and it can expose the officer and the State to liability. Length of shift, form of notice and the place of a warrantless arrest are not the defining elements.

Question 28Arrest, search, seizure and safeguards against unlawful detention

Police receive an anonymous tip that a named person keeps cocaine in the boot of his car. Without more, and without a warrant, may they stop and search the car?

  1. Yes, because an anonymous tip is sufficient reasonable suspicion
  2. No, because an uncorroborated anonymous tip does not by itself supply reasonable grounds Correct answer.
  3. No, because cars may never be searched without a warrant in any circumstances
  4. Yes, because vehicle searches never require a warrant

Explanation

An anonymous tip that has not been corroborated or shown to be reliable does not by itself amount to reasonable grounds for a warrantless search. Vehicle searches are not exempt from the requirement of lawful basis, though mobility may affect how a warrant is obtained.

Question 29Arrest, search, seizure and safeguards against unlawful detention

An officer arrests Ama in her home for a suspected offence and then conducts a search of her bedroom. Which principle governs the lawfulness of a search incidental to arrest?

  1. The search may be conducted only with the consent of a family member present
  2. The search must be confined to the arrested person and the area within his immediate control Correct answer.
  3. The search may extend to the entire house because arrest powers are unlimited once entry is lawful
  4. The search requires a fresh warrant in every case, even of the person arrested

Explanation

A search incidental to arrest is justified by the need to prevent destruction of evidence and to disarm the arrestee, so it is limited to the person and the area within his immediate control. It does not authorise a general rummage through the whole house.

Question 30Arrest, search, seizure and safeguards against unlawful detention

A suspect is arrested at 8 a.m. and kept at the police station until 9 p.m. the same day before being taken to court, with no explanation for the delay. Which constitutional safeguard is most directly engaged?

  1. The right to a fair trial within a reasonable time
  2. The right to be presumed innocent until proven guilty
  3. The right to be brought before a court within a reasonable time Correct answer.
  4. The right to freedom of movement within Ghana

Explanation

Article 14 of the 1992 Constitution requires an arrested person to be brought before a court within a reasonable time, and unexplained delay breaches that safeguard. The presumption of innocence and fair-trial guarantees operate at trial, while freedom of movement concerns travel rather than custody.

Question 31Arrest, search, seizure and safeguards against unlawful detention

An officer wishes to conduct a search of premises but the warrant names the wrong house number. What is the legal position?

  1. The warrant is defective because it fails to identify the place with sufficient particularity Correct answer.
  2. The warrant is valid if the occupier does not object at the time
  3. The warrant remains valid because the officer's intention was to search the correct house
  4. The warrant may be amended orally by the officer at the scene

Explanation

A warrant must identify the place to be searched with sufficient particularity; a misdescription of the premises renders it defective and a search under it unlawful. The officer's intention, the occupier's silence or oral amendment cannot cure the defect.

Question 32Arrest, search, seizure and safeguards against unlawful detention

Which of the following best states the effect of an unlawful search on the admissibility of evidence obtained in Ghana?

  1. The court has discretion to exclude evidence where its admission would be unfair or would bring the administration of justice into disrepute Correct answer.
  2. Evidence obtained is automatically admitted because relevance trumps the manner of obtaining it
  3. Evidence obtained is automatically excluded in every case
  4. Evidence obtained is excluded only if the accused was physically injured during the search

Explanation

Ghana does not apply a rigid automatic exclusionary rule; the court exercises discretion, weighing unfairness to the accused and the integrity of the administration of justice. Neither automatic admission nor automatic exclusion is correct.

Question 33Arrest, search, seizure and safeguards against unlawful detention

An officer arrests a person for a felony and searches him, finding a weapon. Which justification most directly supports the search?

  1. To gather general intelligence about the arrestee's associates
  2. To prevent the arrestee from destroying evidence or endangering the officer Correct answer.
  3. To satisfy the requirement that an arrest be accompanied by a search
  4. To establish the arrestee's guilt before trial

Explanation

A search incidental to a lawful arrest is justified by the need to disarm the arrestee and prevent destruction of evidence. Intelligence-gathering, pre-trial proof of guilt and any supposed requirement that arrest be accompanied by search are not lawful justifications.

Question 34Arrest, search, seizure and safeguards against unlawful detention

A person is arrested without a warrant. Under Act 30, what information must be communicated to him at the time of arrest?

  1. The full case docket and witness statements
  2. The maximum sentence for the alleged offence
  3. The name of the judge who will hear the case
  4. The nature or cause of the arrest, unless he is in the act of committing the offence Correct answer.

Explanation

An arrested person must be informed of the nature or cause of the arrest, unless he is caught in the act and the reason is apparent. He is not entitled at that moment to the docket, witness statements, the identity of the judge or a sentencing forecast.

Question 35Arrest, search, seizure and safeguards against unlawful detention

A police officer stops a pedestrian and demands to search his bag, saying 'I am searching you because I feel like it.' The pedestrian refuses. What is the correct legal analysis?

  1. The search is lawful because refusal to consent itself creates reasonable suspicion
  2. The search is unlawful because no lawful basis, warrant, consent or recognised exception has been shown Correct answer.
  3. The search is lawful if another officer witnesses the refusal
  4. The search is lawful because police officers have a general power to search any person in a public place

Explanation

A search requires lawful authority, whether a warrant, consent or a recognised exception; a mere whim is not a lawful basis. Refusal to consent cannot itself generate suspicion, and the presence of a witness does not cure the lack of authority.

Question 36Arrest, search, seizure and safeguards against unlawful detention

Which statement correctly describes the relationship between the police power of arrest and the constitutional right to personal liberty?

  1. Arrest is an exception to personal liberty and must be strictly justified by law Correct answer.
  2. Arrest overrides personal liberty whenever the police suspect wrongdoing
  3. Personal liberty is suspended during any declared emergency without exception
  4. Personal liberty applies only to citizens and not to residents

Explanation

Personal liberty is the rule and arrest the exception, so every arrest must be strictly justified by law. Suspicion alone does not override the right, the guarantee protects all persons in Ghana, and even emergencies are subject to constitutional limits.

Question 37Arrest, search, seizure and safeguards against unlawful detention

An officer conducting a lawful search of premises finds items not mentioned in the warrant but obviously connected to another offence. What is the proper course?

  1. Seize them if they are evidence of an offence and the officer is lawfully on the premises Correct answer.
  2. Ignore them because the warrant did not mention them
  3. Seize them only after obtaining a fresh warrant at the scene
  4. Leave them and report the matter to the prosecutor the next day

Explanation

Where an officer is lawfully on premises and discovers items that are evidence of an offence, he may seize them; the lawful presence supplies the authority. A fresh warrant at the scene is impractical and unnecessary, and ignoring plainly relevant evidence would defeat the purpose of the search.

Question 38Arrest, search, seizure and safeguards against unlawful detention

A suspect is arrested and detained for three weeks without being charged. Which remedy is most directly available to challenge the lawfulness of the detention?

  1. An application for certiorari to quash the arrest
  2. A petition to the Chief Justice for pardon
  3. An application for habeas corpus Correct answer.
  4. An action for defamation

Explanation

Habeas corpus is the traditional and constitutional remedy to test the lawfulness of detention and secure release. Certiorari reviews decisions, defamation protects reputation, and a pardon is an executive act, none of which directly addresses the fact of detention.

Question 39Arrest, search, seizure and safeguards against unlawful detention

An officer arrests a suspect for a misdemeanour but the offence is not grave. The suspect cannot provide a surety. What is the correct approach under Act 30?

  1. Transfer him to a remand prison pending trial
  2. Charge him with a more serious offence to justify detention
  3. Release him on his own recognisance unless there are strong reasons against release Correct answer.
  4. Detain him until a surety is found, however long that takes

Explanation

Where the offence is not grave, the law leans towards release on the suspect's own recognisance if sureties are unavailable, unless strong reasons justify continued detention. Indefinite detention for want of a surety and upgrading the charge to justify custody are both improper.

Question 40Arrest, search, seizure and safeguards against unlawful detention

A search warrant authorises a search of a warehouse for stolen generators. The executing officers also open sealed personal letters found in a desk drawer. What is the correct analysis?

  1. The search of the letters is lawful because it occurred during a lawful search of the warehouse
  2. The search of the letters is lawful because letters are not protected property
  3. The search of the letters is lawful if the officers suspect the letters contain evidence of any offence
  4. The search of the letters is unlawful because it exceeds the scope of the warrant Correct answer.

Explanation

A warrant authorises a search only within its stated scope, and opening sealed correspondence goes beyond a warrant to search for generators. Letters are protected property under the constitutional privacy guarantee, and general suspicion of unspecified offences does not expand the warrant.

Question 41Arrest, search, seizure and safeguards against unlawful detention

An accused argues that a confession obtained after an unlawful arrest should be excluded. Which principle should guide the court?

  1. The confession is automatically inadmissible because the arrest was unlawful
  2. The court should consider whether the unlawfulness affected the voluntariness and fairness of the confession Correct answer.
  3. The confession is automatically admissible because the truth of a statement is what matters
  4. The confession is admissible only if the accused repeats it before a judge

Explanation

The law focuses on voluntariness and fairness: an unlawful arrest does not automatically exclude or admit a confession, but the court examines whether the illegality tainted the statement. Automatic rules in either direction misstate the discretionary approach.

Question 42Arrest, search, seizure and safeguards against unlawful detention

Officers enter premises without a warrant, claiming an emergency because they heard screams. They then conduct a thorough search of every room after the emergency has passed. What is the correct legal position?

  1. The entire search is lawful because the initial entry was justified by emergency
  2. The extended search is lawful because screams always justify a full search of premises
  3. The initial entry may be justified by emergency, but the extended search requires independent lawful authority Correct answer.
  4. The entire search is unlawful because emergency entry can never be justified

Explanation

An emergency may justify immediate entry to deal with the danger, but once the emergency has passed the authority it supplied ends. Any further search must rest on consent, a warrant or another recognised exception.

Question 43Arrest, search, seizure and safeguards against unlawful detention

A suspect is detained at a police station and told he may not contact anyone. Which safeguard is most directly denied?

  1. The right to communicate with a lawyer and with his family Correct answer.
  2. The right to be informed of the charge
  3. The right to be tried within a reasonable time
  4. The right to remain silent at trial

Explanation

Article 14 of the 1992 Constitution entitles a detained person to consult a lawyer and to communicate with family, and a blanket prohibition denies that safeguard. Notice of the charge, trial timing and the trial-time right to silence are distinct guarantees.

Question 44Arrest, search, seizure and safeguards against unlawful detention

An officer arrests a person without a warrant on suspicion of stealing a mobile phone. The officer searches the suspect's home the next day without a warrant or consent. Which statement best captures the legal position?

  1. The search is unlawful because the arrest does not authorise a later search of the home without warrant or consent Correct answer.
  2. The search is lawful because it relates to the offence for which the suspect was arrested
  3. The search is lawful if the officer recovers the phone and returns it to the owner
  4. The search is lawful because the suspect was already in custody

Explanation

An arrest, even a lawful one, does not confer authority to search the suspect's home later; a warrant or consent is required absent another recognised exception. Recovery of the property and the suspect's custody do not supply that authority.

Question 45Bail and remand practice

Under the Criminal Procedure Act, 1960 (Act 30), which court may grant bail in a case where a person is accused of a non-bailable offence but the court is satisfied that there are exceptional circumstances justifying release?

  1. The High Court or a court with equal jurisdiction Correct answer.
  2. Any District Court before which the accused is first arraigned
  3. The Circuit Court sitting in chambers only
  4. The police officer who effected the arrest

Explanation

Where an offence is classified as non-bailable, only the High Court or a court of equal jurisdiction has the power to admit the accused to bail, and it must be satisfied that exceptional circumstances exist. Subordinate courts cannot grant bail in such cases and must remand the accused to await the appropriate court.

Question 46Bail and remand practice

An accused person is charged with murder, which is a non-bailable offence. Which statement correctly describes the position on bail?

  1. Bail may be granted by the District Court if the prosecutor consents
  2. Bail is available as of right because the accused is presumed innocent
  3. Bail must be granted automatically after the accused has been in custody for one week
  4. Bail may be granted only by the High Court where exceptional circumstances are shown Correct answer.

Explanation

Murder is a non-bailable offence under Act 30, so the discretion to admit to bail lies with the High Court and depends on proof of exceptional circumstances. Neither lapse of time nor prosecutorial consent converts a non-bailable offence into a bailable one.

Question 47Bail and remand practice

A police officer grants bail to a suspect in a bailable offence. Which condition is the officer competent to impose?

  1. A requirement that the suspect report to the police station on specified dates Correct answer.
  2. A requirement that the suspect provide two sureties who are public servants
  3. A requirement that the suspect pay a cash deposit of the full value of the alleged loss
  4. A requirement that the suspect deposit his passport with the court registry

Explanation

Police administrative bail may be conditioned on the suspect reporting to the station or attending court as required, which secures attendance without usurping judicial functions. Conditions such as passport deposit or sureties of a specified class are matters for the court, not the police.

Question 48Bail and remand practice

Which of the following factors is a court entitled to consider when deciding whether to grant bail to an accused person?

  1. The accused person's religious beliefs
  2. The accused person's tribe and place of origin
  3. The nature of the offence and the strength of the prosecution's case Correct answer.
  4. The accused person's political affiliation

Explanation

Bail discretion turns on legally relevant considerations such as the gravity of the offence, the likelihood of the accused appearing for trial, interference with witnesses, and the strength of the evidence. Ethnicity, political affiliation and religion are irrelevant and discriminatory considerations.

Question 49Bail and remand practice

What is the legal effect of a remand warrant issued by a court?

  1. It operates as a conviction for the offence charged
  2. It authorises the detention of the accused in custody for the period stated in the warrant Correct answer.
  3. It transfers ownership of the accused's property to the State
  4. It permanently bars the accused from applying for bail

Explanation

A remand warrant is the instrument by which the court commits the accused to custody for a specified period pending further proceedings. It is not a determination of guilt and does not extinguish the right to apply for bail.

Question 50Bail and remand practice

In determining whether an accused is likely to appear for trial, which circumstance is most relevant to the court's assessment?

  1. Whether the accused has previously travelled outside the region for holidays
  2. Whether the accused has a fixed place of abode and stable employment in the jurisdiction Correct answer.
  3. Whether the accused owns a motor vehicle
  4. Whether the accused has a large family

Explanation

A fixed residence and stable ties to the jurisdiction are the classic indicia of a low risk of absconding. Travel history, vehicle ownership and family size are not by themselves reliable predictors of attendance at trial.