This article is Part 2 of a three-part series examining what happens when an accused person dies during criminal proceedings. Part 1 explained how criminal proceedings generally come to an end upon the death of an accused person. This article examines a related but distinct question: what happens to property connected to the case after … Continue reading Part 2: What Happens After the Death of an Accused Person? Property, Exhibits and Forfeiture
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When an Accused Refuses to Plead: Legal Framework and Judicial Response
By: Samuela Amma Boakye-Appiah, Esq. Taking the plea of an accused person is a very important aspect of criminal procedure in Ghana. It can be likened to the effect of a defendant in a civil matter entering appearance to the matter. Even though in civil procedure failing to enter an appearance can lead to a … Continue reading When an Accused Refuses to Plead: Legal Framework and Judicial Response
The Community Service Bill, 2026: Learning from Experience, Avoiding Excess
By: Her Worship Georgette Carmel Lutterodt, Esq., Her Worship Anastacia Yaa Agyeiwaa Karimu, Esq. and Her Worship Dromo Afarley Djarbeng, Esq. Ghana’s criminal justice system is undergoing a necessary and long-overdue shift. The Community Service Bill, 2026, currently before Parliament, reflects a growing consensus—one that has been echoed in prior discussions and scholarship—that imprisonment should not … Continue reading The Community Service Bill, 2026: Learning from Experience, Avoiding Excess
Part 1: What Happens to a Criminal Case When the Accused Person Dies?
This article is Part 1 of a three-part series examining the judicial processes that follow when an accused person dies in the course of a trial, and the principles that underpin them. What happens when an accused person dies in the middle of a trial? When an accused person dies while a criminal case is … Continue reading Part 1: What Happens to a Criminal Case When the Accused Person Dies?
Enhanced Punishment in Sentencing
By: Rita Ofosua Appiah, Esq. What is an enhanced sentence? For every criminal offence, there is an offence creating section and a punishment section. Without these two, an action cannot be considered a crime. While the offence creating section declares an act or omission to be a crime, the punishment section determines the penalty or … Continue reading Enhanced Punishment in Sentencing
Community Service Regimes in Selected Common Law Jurisdictions
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
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
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