Notes
Cases
Resources
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Introduction to Criminal Procedure
This note will discuss the definition of criminal procedure, its essence, its scope, and the sources of law that govern criminal procedure in Ghana.
Constitutional and Individual Rights: An Introduction
This note discusses how constitutional provisions on rights regulate criminal procedure. In doing so, the note will briefly discuss the meaning and scope of rights, the connection between rights and criminal procedure, and key areas of constitutional and individual rights to be discussed in subsequent notes.
Right to Life
This note will discuss constitutional provisions on the right to life. In doing so, our focus will be on Article 13 of the 1992 Constitution, which protects the right to life and provides for circumstances under which a person may be lawfully deprived of his right to life.
Right to Personal Liberty
This note will discuss constitutional provisions on the right to personal liberty. In doing so, our focus will be on Article 14 of the 1992 Constitution , which protects personal liberty and provides for circumstances under which a person may be deprived of his personal liberty.
Right to Human Dignity
This note will discuss constitutional provisions on human dignity. In doing so, our focus will be on Article 15 of the 1992 Constitution.
Fair Trial
This note will discuss various constitutional provisions aimed at ensuring the conduct of fair criminal trials. The main constitutional provision for this discussion will be Article 19 of the 1992 Constitution . The discussion is towards achieving the objective in the Course Manual on Criminal Procedure, that the student should know “all the provisions under article 19 of the 1992 constitution and what constitutes fair trial under the article.”
Introduction to the Police Service of Ghana
This note will briefly discuss the establishment of a police service and the functions and powers of the police service.
Power of the Police to Arrest
This note will discuss the power of the police to arrest with or without warrant.
Power of a Private Person to Arrest
This note will discuss the power of a private person to arrest another person without a warrant.
Power of the Police to Search
This note will discuss the power of the police to conduct a search and five circumstances under which this power can be exercised.
Institution of Criminal Proceedings through a Warrant or Summons
This note will discuss the institution of criminal proceedings through a complaint to the District Magistrate and the processes that may be issued by the District Magistrate upon such a complaint.
Drafting a Charge Sheet
This note will discuss the meaning of a charge sheet, its statutory recognition as a means of instituting criminal proceedings, its contents, the rules governing the drafting of charge sheets, and a model charge sheet.
Drafting Inchoate Offences
This note highlights how to draft inchoate offences in a charge sheet. The offences to be discussed are conspiracy, abetment, attempt, and preparation.
Drafting Other Offences
This note highlights how to draft various offences in a charge sheet. The offences to be drafted are causing harm, assault, indecent assault, stealing, defrauding by false pretence, falsification of accounts, dishonestly receiving property, robbery, falsification of judicial document, and falsification of other documents.
The Attorney General and Criminal Proceedings
This note will look at the powers of the attorney general to enter a nolle prosequi and to withdraw from prosecution. The note will also examine the effects of a nolle prosequi and withdrawal.
Bail in Ghana: An Introduction
This note will discuss the meaning of bail, its constitutional foundation, its discretionary nature, and highlight the types of bail for subsequent discussions.
Common Terms Used in Discussing Bail
This note will discuss some common terms used in discussing bail. The terms are surety, principal party, bail bond, and recognizance.
Types of Bail: Police Enquiry Bail
This note will discuss the meaning of a police enquiry bail, its basis, the factors that affect the conditions of the bail, and highlight the fact that the grant of a police enquiry bail is without prejudice to subsequent proceedings.
Types of Bail: Bail Pending Trial
This note will discuss the meaning of bail pending trial, the factors considered in granting bail pending trial and those that are not considered, the duty of the courts to grant bail pending trial if there is an unreasonable delay, factors considered in determining the conditions of the bail, and how to apply for bail pending appeal.
Types of Bail: Bail Pending Appeal
This note will discuss the meaning of bail pending appeal, its unusual nature, the statutory basis for this type of bail, the condition precedent for making an application for bail pending appeal, the grounds upon which the court may grant an application for bail pending appeal, and how to apply for bail pending appeal.
Bail Conditions
This note will discuss common bail conditions, what happens after the fulfilment of the conditions of the bail, and the variation of the conditions. The conditions to be discussed are bail with and without sureties and sureties with and without justification.
Forfeiture of Recognizance
This note will discuss the meaning of forfeiture of recognizance and the procedure for the forfeiture of recognizance.
Introduction to Trial on Indictment
One of the modes of trial in Ghana is trial on indictment. This note will discuss the meaning of trial on indictment, modes of conducting trial on indictment, the High Court as the only court to try offences on indictment in Ghana, and how trial on indictment is commenced.
Committal Proceedings
This note will discuss the meaning of committal proceedings and the requirement that before a case is tried on indictment by the High Court, there must be committal proceedings in the District Court. The note will further examine what happens in the District Court during committal proceedings.