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Sources of Criminal Legislation in Ghana

The laws regulating criminal procedure in Ghana are many. Indeed, the 1992 Constitution is the first source of criminal law. It contains provisions on fundamental human rights and the fair trial rules. The constitution also contains some offences, an example being the offence of high treason in article 3 (3).

The primary enactment that codifies offences in Ghana is the Criminal Offences Act, 1960 (Act 29). In addition to Act 29, there are specialised enactments targeted at specific kinds of offences. These include the Cybesecurity Act, 2020 (Act 1038), the Domestic Violence Act, 2007 (Act 732), the Office of the Special Prosecutor Act, 2017 (Act 959) and the Anti-Money Laundering Act, 2020 (Act 1044). And then there are enactments passed for other reasons but have offence creating sections that criminalise certain acts or omissions. An example is the Minerals and Mining Act, 2003 (Act 703) as amended, which regulates the mining industry, acquisition of mining licenses etc. The Act criminalises such acts as buying or selling minerals without a license. 

With respect to the regulation of criminal procedure, the first source again is the 1992 Constitution which has provisions on the forum for certain offences, the composition of judges for such offences, jurisdiction of courts and some provisions  on the conduct of criminal trials among others. In addition to this, the Criminal and Other Offences (Procedure) Act, 1960 (Act 30) sets out the mode of arrest, the procedure for the two forms of trials (summary trial and trial on indictment), the hearing of bail applications, the types of punishments, procedures for criminal appeals etc. The recent amendment to this Act, the Criminal and Other Offences (Procedure) (Amendment) Act, 2022 (Act 1079) sets out the limits and procedure for plea bargaining in Ghana.

The enactment that regulates the conduct of trials for persons below 18 is the Juvenile Justice Act, 2003 (Act 653). The enactment also has provisions that apply to young persons (persons between 18 and 21).

The Courts Act, 1993 (Act 459) has provisions on the criminal jurisdiction of courts, grounds for criminal appeals, bail pending appeal etc. Another important piece of legislation is the Evidence Act, 1975 (NRCD 323).

In addition to the laws set out above, there are Practice Directions which, although are not binding, serve as a guide in the management of criminal cases. One major Practice Direction is the 2018 Practice Direction (Disclosures and Case Management in Criminal Proceedings).

For every major player in the criminal justice system (law enforcement, judiciary,  prosecutors and corrections/prisons), there are laws that regulate the execution of their duties which are all relevant.

Note that these are not the only sources of law that regulate the criminal justice system. They are however the main ones that can guide any practitioner or individual in understanding the regulatory framework for the sector. 

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