On 5 October 2026, President John Dramani Mahama exercised the prerogative of mercy under Article 72 of the 1992 Constitution in favour of 863 convicted persons in commemoration of Ghana's 70th independence anniversary. According to the official announcement, 819 first offenders were granted outright release, together with 13 prisoners aged 70 years or above, 6 … Continue reading Presidential Pardons in Ghana: What Are the Legal Consequences?
criminal-law
From Mitigation to Community Justice: What Should Counsel Say to Persuade a Ghanaian Court to Impose a Community Service Sentence?
By: Her Worship Georgette Carmel Lutterodt, Esq., Her Worship Anastacia Yaa Agyeiwaa Karimu, Esq. and Her Worship Dromo Afarley Djarbeng, Esq. Introduction The introduction of community service into Ghana's sentencing framework presents defence counsel with an important opportunity. The question, however, is not simply whether an accused person deserves “mercy”. The more appropriate question is whether, having regard to … Continue reading From Mitigation to Community Justice: What Should Counsel Say to Persuade a Ghanaian Court to Impose a Community Service Sentence?
Witness Contamination: When Good Evidence Becomes Unreliable – Part 2
Part 1 of this article examined how witnesses may be influenced before and during a police investigation through discussions with other witnesses, family members, social media, news coverage, suggestive questioning and translation. The risk of contamination, however, does not end when the police obtain a witness statement. It may continue when prosecutors meet witnesses to … Continue reading Witness Contamination: When Good Evidence Becomes Unreliable – Part 2
Rehabilitation of Offenders: Lessons from International Practice for Ghana
By: Her Worship Georgette Carmel Lutterodt, Esq., Her Worship Anastacia Yaa Agyeiwaa Karimu, Esq. and Her Worship Dromo Afarley Djarbeng, Esq.Introduction For many years, imprisonment has largely been understood as an instrument of punishment. The offender commits an offence, is convicted and is sent to prison to serve a prescribed sentence. However, modern correctional policy increasingly recognises that … Continue reading Rehabilitation of Offenders: Lessons from International Practice for Ghana
The Rehabilitation of Young Offenders Under Ghana’s Juvenile Justice System: A Grey Area in the Law
By: Her Worship Georgette Carmel Lutterodt, Esq., Her Worship Anastacia Yaa Agyeiwaa Karimu, Esq. and Her Worship Dromo Afarley Djarbeng, Esq. The Juvenile Justice Act, 2003 (Act 653) was enacted to establish a juvenile justice system designed to protect the rights of juveniles, provide an appropriate and individualised response to juvenile offending, and make provision for the treatment of young … Continue reading The Rehabilitation of Young Offenders Under Ghana’s Juvenile Justice System: A Grey Area in the Law
Penal Reform in Ghana: How the Supreme Court Paved the Way for Community Sentencing
By: Her Worship Georgette Carmel Lutterodt, Esq., Her Worship Anastacia Yaa Agyeiwaa Karimu, Esq. and Her Worship Dromo Afarley Djarbeng, Esq. For many years, Ghana's criminal justice system has relied heavily on custodial sentences, even for offences that could be addressed through alternative forms of punishment. This overreliance on imprisonment has contributed to overcrowded prisons, increased public expenditure, … Continue reading Penal Reform in Ghana: How the Supreme Court Paved the Way for Community Sentencing
Part 2: What Happens After the Death of an Accused Person? Property, Exhibits and Forfeiture
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
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
Emerging Criminal Justice Reforms in Ghana: The Parole System
A fact many people do not know is that the conversation around parole in Ghana has been ongoing for some time. What is important to understand is that the idea of parole for convicted and sentenced prisoners is not foreign to Ghana’s criminal jurisprudence. The 1992 Constitution already makes room for it. Article 208 empowers … Continue reading Emerging Criminal Justice Reforms in Ghana: The Parole System
The Legal Shift in the Role of Complainants and Victims in Ghanaian Criminal Proceedings
Ghana’s criminal process has traditionally been structured around a simple principle: criminal cases are prosecuted in the name of the Republic, not the individual victim. While victims, often referred to as complainants, are central to proving the facts of the case, their legal role has historically been limited. They report the offence, assist the police … Continue reading The Legal Shift in the Role of Complainants and Victims in Ghanaian Criminal Proceedings
