By: Her Worship Georgette Carmel Lutterodt, Esq., Her Worship Anastacia Yaa Agyeiwaa Karimu, Esq. and Her Worship Dromo Afarley Djarbeng, Esq. This article follows an earlier discussion on the interpretive tension between sections 296 and 297 of the Criminal and Other Offences Act, 1960 (Act 29), which revealed a significant doctrinal gap in Ghanaian sentencing … Continue reading Community Service Regimes in Selected Common Law Jurisdictions
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Sentencing in the Ghanaian Criminal Justice System: Reconciling Sections 296 and 297 of Act 30 with the Criminal Offences Act
By: Her Worship Georgette Carmel Lutterodt, Esq., Her Worship Anastacia Yaa Agyeiwaa Karimu, Esq. and Her Worship Dromo Afarley Djarbeng, Esq. The Principle of Legality in Ghanaian Criminal Law A foundational principle of Ghana’s criminal jurisprudence is the doctrine of legality: nullum crimen, nulla poena sine lege. Simply put, no person may be convicted of a … Continue reading Sentencing in the Ghanaian Criminal Justice System: Reconciling Sections 296 and 297 of Act 30 with the Criminal Offences Act
Let’s Unpack the Committal Process
Introduction The District Court, also known as the Magistrate Court, has three of the most interesting criminal jurisdictions within our court system. Among other things, it hears juvenile cases, determines extradition applications brought by the State, and, most critically for this discussion, decides whether persons charged with the gravest criminal offences should be committed to … Continue reading Let’s Unpack the Committal Process
Template for Petitions to the Attorney-General in Criminal Cases
Introduction: Filing a petition to the Attorney-General (AG) is a formal way for individuals or organizations involved in criminal matters to request legal action or intervention. Many readers may not know how to structure such a petition, what information to include, or how to present it professionally. To make this process easier, we have created … Continue reading Template for Petitions to the Attorney-General in Criminal Cases
Modern Justice? A Legal Analysis of the Attorney-General’s Policy to Explain Reasons for Terminating High Profile Criminal Trials
By: Derrick Ackah-Nyamike, Esq. and Selasi Kuwornu, Esq. Introduction An essential aspect of Criminal Justice is the power to commence and to terminate criminal proceedings in court. Like several other jurisdictions, in Ghana all criminal matters are commenced at the instance of the Attorney-General (A-G). Article 88(3) of the Constitution, 1992 provides that the power to initiate … Continue reading Modern Justice? A Legal Analysis of the Attorney-General’s Policy to Explain Reasons for Terminating High Profile Criminal Trials
Criminal Justice Special Spotlight: Justice Sedinam Awo Kwadam
The Honourable Judge with a heart of gold, a gavel and a pen: a real life titanium hero. About Her Honour Sedinam Awo Kwadam: Her Honour Judge Sedinam Awo Kwadam stands out as a stalwart of Ghana’s judiciary and an inspiring voice in legal scholarship and personal resilience. She is a judge serving her country … Continue reading Criminal Justice Special Spotlight: Justice Sedinam Awo Kwadam
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
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 