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
Criminal Appeals in Ghana: A Simple Explanation
Why Did the Court Reduce Nana Agradaa’s Sentence? When news broke that Patricia Asieduaa, popularly known as Nana Agradaa, had her sentence reduced on appeal, many people assumed something improper had happened. Others felt that perhaps the court had gone soft or bowed to public pressure. In the judgment itself, however, the judge made it … Continue reading Criminal Appeals in Ghana: A Simple Explanation
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
Free e-book: Children and the Criminal Justice System in Ghana
Recent incidents of violence in some high schools across Ghana have renewed public concern about how young people come into contact with the law. These events highlight the urgent need for accessible education on juvenile justice and practical guidance for schools, parents and communities. Criminal Law Blog Ghana is therefore excited to announce the release … Continue reading Free e-book: Children and the Criminal Justice System in Ghana
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
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 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
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