Repeat applications are recognized and permitted in criminal procedure and are more common with bail applications. What is a repeat application and when can one file same? Adjei, JA eloquently set out the basis for repeat applications in the Court of Appeal case of Paul Larbie & 3 Others v The Republic [2020] Crim.LR 532 (full … Continue reading Repeat Applications in Criminal Procedure
Fynn v. The Republic: Analyzing the Grounds for Bail Pending Appeal
Bail pending appeal is one form of bail in Ghana's criminal jurisprudence; others are bail pending trial and police enquiry bail bond. Although bail is generally dependent on an authority being satisfied that a person will appear when required to, bail pending appeal has special grounds developed from previous decisions, and aptly summarized by Taylor, … Continue reading Fynn v. The Republic: Analyzing the Grounds for Bail Pending Appeal
Filing Criminal Appeals
Every criminal law practitioner, whether prosecuting or defending, may have heard this statement: “Appeals are filed at the registry of the court below”. This may be true for criminal appeals to the Court of Appeal[1] and the Supreme Court.[2] But is this the case for substantive criminal appeals from the Circuit and District Courts to the High … Continue reading Filing Criminal Appeals
Part 2: Prosecutors as Safeguards of Suspects’ Innocence
This is part two of a two-part series on prosecutorial safeguards of suspects' innocence. In the first part of this post, I explained how the criminal justice system is structured to allow prosecutors to safeguard the innocence of suspects. I looked at two stages of the criminal process: arrest, end of investigations and first arraignment. Prosecutorial … Continue reading Part 2: Prosecutors as Safeguards of Suspects’ Innocence
Part 1: Prosecutors as Safeguards of Suspects’ Innocence
A few days ago, an American friend mentioned that she can never be a prosecutor because of the danger of convicting an innocent person. I explained to her that in the common law system, with its specific criminal justice arrangement, there are ways to ensure that innocent persons are set free. Prosecutors have the capacity … Continue reading Part 1: Prosecutors as Safeguards of Suspects’ Innocence
Complainants and the Criminal Justice System
Introduction From the genesis of the modern state, the prosecution of an accused person has been the preserve of the State and not the victim or complainant. This is because crime is considered a wrong or injury against the State as a whole.[1] Thus, complainants have over the centuries played no other role than making a … Continue reading Complainants and the Criminal Justice System
Legal Position of Independent Witnesses in Ghana
The right to fair trial is a fundamental human right recognized in all democracies and entrenched in the 1992 Constitution of Ghana. A key component of fair trial is the right against self-incrimination. This principle is applied in two situations: during interrogation by the police and in the course of a trial. In the former scenario, … Continue reading Legal Position of Independent Witnesses in Ghana
Application for Bail on Medical Grounds in Ghana
There have been several bail applications I have dealt with where averments in the supporting affidavit have been centered on the ill health of the accused person or convict. Some have gone further to attach medical reports proving the alleged condition. These applications are mostly granted although the reasons given in the rulings are not … Continue reading Application for Bail on Medical Grounds in Ghana
Legal Traditions of the World and Ghana’s Legal Heritage
I was inspired to publish this simple piece because I caught myself repeatedly telling my international colleagues that Ghana is a common law country. This is a popular misconception because of our colonial heritage, because in actual fact, Ghana practices a mixed legal system. Let me explain:Law is not only a system of rules but … Continue reading Legal Traditions of the World and Ghana’s Legal Heritage
Criminal Law Blog Ghana 